United States District Court, W.D. Missouri, Central Division
NANETTE K. LAUGHREY United States District Judge.
before the Court is Plaintiff Progressive Northwestern
Insurance Co.'s motion for summary judgment against
defendants Travis Bush and Laquent Palmer. Doc. 38. For the
following reasons, the motion is granted.
case arises out of a vehicle collision that occurred at
approximately 11:36 p.m. on July 14, 2018 in Columbia,
Missouri involving Defendants Derrick Burnett, Jeanette
Allen, Lorell Lawhorn, Courtney Lawhorn, Javion Lawhorn,
Travis Bush, Laquent Palmer and Dakota Fogle.Doc. 1
(Complaint). Plaintiff Progressive Northwestern Insurance
Company seeks a declaratory judgment regarding any duty it
has to indemnity and defend under the liability provisions of
its insurance policy with Allen. Id. at ¶ 14.
motion for summary judgment permits a party to obtain a
judgment without proceeding to trial. On motion, a court must
grant summary judgment when the “movant shows that
there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.”
Fed.R.Civ.P. 56(a). Typically, the moving party submits a
statement of facts that support judgment in the movant's
favor, and any opposing party responds by admitting or
denying those facts. See Fed. R. Civ. P. 56(c).
Local Rule 56.1 additionally provides that “[u]nless
specifically controverted by the opposing party, all facts
set forth in the statement of the movant are deemed admitted
for the purpose of summary judgment.” See Jones v.
United Parcel Service, Inc., 461 F.3d 982, 991 (8th Cir.
2006) (affirming district court's discretion under W.D.
Mo. R. 56.1); see also Fed. R. Civ. P. 56(e)(2).
Mr. Bush nor Mr. Palmer responded to or contested
Progressive's statement of facts or filed opposition of
any kind to Progressive's motion. Thus, all admissible
facts asserted by Progressive are deemed admitted by
Defendants,  and the Court adopts the Statement of
Uncontroverted Material facts submitted by Progressive. Doc.
39, pp. iv-xiv.
facts establish that Progressive is entitled to judgment as a
matter of law. The Progressive Policy only affords
liability coverage for injury or damage resulting from an
“accident, ” specifically excludes coverage for
damage or injury resulting from intentional or criminal acts,
including fraud or misrepresentation, and requires persons
seeking coverage to fully cooperate with Progressive during
its investigation. Doc. 38-1 (Policy), pp. 9-10, 33.
uncontested evidence submitted by Progressive shows that July
14, 2018 collision was staged, and therefore not an
“accident, ” which courts generally define as
“an event that takes place without one's foresight
or expectation.” West v. Jacobs, 790 S.W.2d
475, 477 (Mo.Ct.App. 1990). Moreover, the uncontested facts
show that the Defendants staged the collision with the
intention of committing insurance fraud, which is a criminal
act. See Mo. Rev. Stat. § 375.991
(criminalizing the act of knowingly making a statement or
submitting documentation which contains material false
information as part of an insurance claim). Finally, the
uncontested facts show that Defendants also misrepresented
information, made false statements regarding the nature and
circumstances of the collision, and failed to cooperate with
Progressive during its investigation. Therefore, no liability
coverage under the Policy applies to the July 14, 2018
IS THEREFORE ORDERED, ADJUDGED AND DECREED:
the Progressive Policy which is the subject of this action
does not provide coverage regarding any claim by Defendants
Bush and Palmer arising out of the July 14, 2018 collision;
Plaintiff Progressive has no duty to defend or indemnify
Defendants Bush and Palmer for any damages which may be
claimed by or awarded to any of the Defendants as a result of
claims arising from the July 14, 2018 collision.
IS SO ORDERED.
 Default Judgment was entered against
defendants Derrick Burnett, Jeanette Allen, Lorell Lawhorn,
Javion Lawhorn and ...