Progressive Categorical Insurance coverage Co. has filed a federal lawsuit in Houston searching for a declaration that it owes no protection for claims arising from a 2023 freeway crash involving a tractor-trailer operated by Florida-based MMT Carriers.
The criticism, filed Thursday within the U.S. District Court docket for the Southern District of Texas, asks a decide to find out that Progressive has no obligation to defend or indemnify MMT Carriers or driver Rolando Rodriguez-Nunez in an underlying private damage lawsuit stemming from a Sept. 15, 2023, crash on U.S. Freeway 290 in Harris County.
In keeping with court docket filings, Rodriguez-Nunez was working a tractor-trailer westbound on U.S. 290 at about 7:48 a.m. when he approached a crash within the roadway and swerved to keep away from it.
The truck struck a concrete barrier separating eastbound and westbound site visitors. At about the identical time, an eastbound motorist encountered particles within the roadway. One other car allegedly moved to keep away from the particles, and the automobiles collided. The motorist claims they suffered accidents on account of the crash.
The motorist later sued MMT Carriers, Rodriguez-Nunez and different events, alleging negligence and searching for damages for private accidents. The lawsuit claims Rodriguez-Nunez misplaced management of the truck whereas trying to keep away from an earlier collision and that the ensuing chain of occasions contributed to the crash that injured her.
On the middle of Progressive’s protection dispute is whether or not the tractor and trailer concerned within the crash had been insured below MMT’s business auto coverage.
The insurer says the coverage lined a single 2012 Freightliner Cascadia tractor and a non-owned hooked up trailer.
Progressive contends the tools concerned within the crash was as a substitute a 2005 Volvo tractor and a 2015 utility trailer that weren’t listed on the coverage. The corporate additionally famous Rodriguez-Nunez was not among the many coverage’s three rated drivers.
Progressive additional alleges it was by no means notified in regards to the existence, acquisition or operation of the Volvo tractor and trailer and was by no means knowledgeable that Rodriguez-Nunez was working automobiles probably lined below the coverage.
The insurer argues that as a result of the tractor-trailer concerned within the crash doesn’t qualify as an “insured auto” below the coverage, any legal responsibility arising from its possession, upkeep or use falls outdoors the coverage’s protection.
Consequently, Progressive contends it has no obligation to defend MMT or Rodriguez-Nunez or pay any damages which may be awarded in Wade’s lawsuit.
The submitting additionally states that the tractor concerned within the crash was owned by a 3rd occasion, R&E Carriers Inc., and that MMT didn’t personal the car on the time of the incident.
Progressive additional claims MMT had not retained the providers of Rodriguez-Nunez when the crash occurred.
The motorist’s lawsuit seeks greater than $1 million in damages and contains claims of negligence, negligent hiring and supervision, violations of federal and state motor service security laws, and gross negligence towards the defendants.
A decide has not but dominated on Progressive’s request for declaratory reduction.
Why it issues: The case highlights a recurring challenge in trucking litigation: whether or not a crash car was correctly scheduled on a motor service’s insurance coverage coverage, a dedication that may determine whether or not an insurer should present a authorized protection and pay probably vital judgments.
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