Judgment obtained in favor of carrier on a first party claim involving the interpretation of a policy in a wrongful death matter.10/19/2012
The firm obtained a judgment in favor of defendant Progressive Preferred Insurance Company in the Circuit Court of Greene County, Missouri on a coverage issue that was tried September 17, 2012. Dustin McIntire was riding in the back of a pickup truck on September 1, 2006, when the driver of the vehicle swerved causing Mr. McIntire to be ejected, which resulted in head injuries causing his death. The driver was uninsured. The decedent's mother, Plaintiff Rose Marie Woods, filed an action against Progressive Preferred alleging her son was a relative and household resident of Progressive Preferred insured Charles Taylor. Mr. Taylor was Ms. Woods' uncle and was incapacitated by a stroke at all times relevant to the action. Mr. Woods lived at Ms. Woods' residence along with her mother and other individuals. Conflicting testimony regarding his residence was presented. The court found the decedent was not a relative residing in the same household as Charles Taylor for the purpose of providing coverage under the uninsured motorist section of the Progressive policy. As such, the court found in favor of defendant Progressive Preferred Insurance Company and assessed costs against the plaintiff in its judgment entered October 19, 2012.