Circuit Court of Jackson County Missouri grants Summary Judgment in favor of insurer on negligent misrepresentation claim10/31/2016
Plaintiff brought a negligent misrepresentation lawsuit against Progressive Insurance Company, claiming Progressive’s representations regarding the applicable statute of limitations on his bodily injury claim prevented the Plaintiff from “fully pursuing” a claim with his UIM carrier, Farmers Insurance. Progressive denied any liability and argued that despite the complicated factual history of Plaintiff’s bodily injury claim, Progressive could not be held liable for the diligence Plaintiff used in pursuing a UIM claim or the handling of said claim. Plaintiff aggressively argued that Progressive’s handling of Plaintiff’s bodily injury claim resulted in the lost opportunity to “fully pursue” a UIM claim, which Plaintiff claimed resulted in $75,000 in lost UIM benefits. After vigorous oral arguments, the Circuit Court of Jackson County, Missouri disagreed with Plaintiff and entered summary judgment in favor of Progressive Insurance Company. Heather Hatley prepared the summary judgment briefing on behalf of Progressive Insurance Company and conducted oral arguments before the Hon. Robert Schieber.