Missouri Court of Appeals, Western District / Oct 31, 2023
Janet Perea and Mav Mirfasihi vs. Progressive Northwestern Insurance Company
Janet Perea and Mav Mirfasihi appealed a summary judgment granted to Progressive Northwestern Insurance Company regarding Perea's personal injury protection (PIP) benefits. Appellants claimed Progressive breached its insurance contract by failing to timely pay benefits and violated the attorney lien statute by paying a medical provider directly. The appellate court affirmed the summary judgment, finding Progressive had reasonable proof for its payment delays and that Kansas law, which allows assignment of PIP benefits, applied to the insurance contract between Kansas residents.