(Download) "Progressive Specialty Insurance Co. v. Farmers Insurance Co." by Arizona Court of Appeals No. 2 CA-CIV 5175 * eBook PDF Kindle ePub Free
eBook details
- Title: Progressive Specialty Insurance Co. v. Farmers Insurance Co.
- Author : Arizona Court of Appeals No. 2 CA-CIV 5175
- Release Date : January 04, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This is an appeal from a declaratory judgment involving the effect of a release. On May 7, 1982, Patrick Hoban was operating a vehicle when it was involved in an accident with a motorcycle operated by Thomas Whatton. Hoban was insured by Mid-Century Insurance Company/Farmers Insurance Company of Arizona (Farmers) and had policy limits of $15,000 per person. Whatton was insured by Progressive Casualty Insurance Company (Progressive) and his policy had underinsured motorist coverage. Whatton made a claim against Farmers for his injuries and Farmers settled for the policy limits of $15,000, which it paid. It also sent Whatton a standard release which Whatton altered by adding the following language, ""[T]his release shall not affect in any way or prejudice [T]homas Whatton's right to make and perfect an 'under insured' motorist claim persuant [sic] to his own insurance policy."" Whatton then made a claim against Progressive under the underinsured motorist coverage. Progressive then brought this action alleging that Farmers claimed the release was a full and complete release, that Whatton claimed it was not, and that if the release were full and complete, then Progressive was relieved from paying Whatton under the underinsured motorist provision because Whatton would have violated the policy provisions by signing a release which prevented Progressive from pursuing its subrogation rights against Hoban.
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