Progressive Casualty Insurance Company Missouri Cases

Kenneth Moore appealed from a circuit court judgment in an interpleader action, which incorporated a prior summary judgment against him on negligence and wrongful death crossclaims related to a motor vehicle incident. The appellate court dismissed Moore's appeal, finding that his brief failed to comply with mandatory appellate briefing rules, particularly Rule 84.04, by not presenting any points relied on. This failure precluded the court from conducting a meaningful review, and the court declined to impose sanctions for a frivolous appeal.

John N. Parke sued Progressive Casualty Insurance Company for fraudulent misrepresentation after purchasing a vehicle that he later discovered had been involved in a major accident and was potentially a salvage vehicle. The trial court granted summary judgment for Progressive, finding Parke had no private right of action under the salvage statutes and thus no duty could be imposed. The appellate court reversed and remanded, holding that a common law claim for fraudulent misrepresentation can arise from a violation of the salvage statutes, and that a genuine issue of material fact existed regarding whether Progressive had declared the vehicle a salvage.

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.