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Progressive Advanced Insurance Co. v. Rhodes

United States District Court, W.D. Missouri, Western Division

August 26, 2019

PROGRESSIVE ADVANCED INSURANCE COMPANY, Plaintiff,
v.
FELICIA L. RHODES, et al., Defendants.

          ORDER AND OPINION DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

          ORTRIE D. SMITH, SENIOR UNITED STATES DISTRICT JUDGE.

         Pending is Plaintiff's Motion for Summary Judgment. Doc. #47. For the following reasons, Plaintiff's motion is denied.

         I. BACKGROUND

         In August 2018, Plaintiff Progressive Advanced Insurance Company[1] filed this lawsuit against Defendants Felicia Rhodes, James Adams III, Anna Jackson, and Cynthia Corredor. Doc. #1. Plaintiff seeks a declaratory judgment that it owes no coverage to Defendants from an automobile collision that allegedly occurred in October 2017. Docs. #1, 19. At the time of the alleged collision, Plaintiff had issued an automobile insurance policy to Rhodes for a 2015 Ford Taurus. The relevant portions of that policy are as follows:

PART I - LIABILITY TO OTHERS
INSURING AGREEMENT
Subject to the General Definitions, to all the terms, conditions, and limitations of Part VI - Duties In Case Of An Accident Or Loss, to all the terms, conditions, and limitations of Part VII - General Provisions, and to all the terms, conditions, exclusions, limitations, and applicable reductions described in this Part I, if you pay the premium for this coverage and coverage under this Part I applies, we will pay damages for bodily injury and property damage for which an insured person becomes legally responsible because of an accident….
ADDITIONAL DEFINITION
When used in this Part I:
Insured person” means:
a. you, a relative, or a rated resident with respect to an accident arising out of the ownership, maintenance or use of an auto or trailer….
EXCLUSIONS - READ THE FOLLOWING EXCLUSIONS CAREFULLY. IF AN EXCLUSION APPLIES, COVERAGE WILL NOT BE AFFORDED UNDER THIS PART I.
Coverage under this Part I, including our duty to defend, will not apply to any insured person for….
9. bodily injury or property damage caused by an intentional act of that insured person, or at the direction of that insured person, even if the actual injury or damage is different than that which was intended or expected….
11. bodily injury to you or a relative….
PART II - MEDICAL PAYMENTS COVERAGE
INSURING AGREEMENT
Subject to the General Definitions, to all the terms, conditions, and limitations of Part VI - Duties In Case Of An Accident Or Loss, to all the terms, conditions, and limitations of Part VII - General Provisions, and to all the terms, conditions, exclusions, limitations, and applicable reductions described in this Part II, if you pay the premium for this coverage and coverage under this Part II applies, we will pay the reasonable expenses incurred for necessary medical services received within three years from the date of a motor vehicle accident because of bodily injury:
1. sustained by an insured person; and
2. caused by that motor vehicle accident….
ADDITIONAL DEFINITIONS
When used in this Part II:
1. “Insured person” means:
a. you, a relative, or a rated resident: (i) while occupying an ...

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