Missouri Court of Appeals, Southern District / Apr 28, 2023
DAWN BLAND, Plaintiff-Respondent v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant-Appellant
Dawn Bland, an insured, sought $50,000 in uninsured motorist (UM) benefits from Progressive Casualty Insurance Company after she was injured attempting to stop the carjacking of her insured vehicle. Progressive denied coverage, arguing that the car was a "covered auto" and thus not an "uninsured motor vehicle" under the policy, and that a step-down exclusion limited recovery. The trial court granted summary judgment for Bland. The appellate court affirmed, holding that the policy's definition of "uninsured motor vehicle" violated Missouri public policy under § 379.203, and that the step-down exclusion did not apply to the facts.