Missouri Court of Appeals, Western District / Date unavailable
Insurance Professionals, INC. vs. Progressive Casualty Insurance Company
Insurance Professionals, Inc. (IPI) appealed the dismissal of its petition against Progressive Casualty Insurance Company for contractual indemnity. IPI, an insurance broker, claimed Progressive, an insurance provider, breached their Producer's Agreement by failing to defend and indemnify IPI in an underlying negligence lawsuit brought by a client, EMRE Transportation, LLC. The appellate court affirmed the dismissal, holding that under Kansas's "one-action" rule, IPI's claim was barred because Progressive's proportion of fault was not determined in the original negligence action, which is a prerequisite for a contractual indemnity claim based on negligence.