Genthner v. Progressive Casualty Insurance

WATHEN, Chief Justice.

Plaintiff Stephen Genthner appeals from a summary judgment entered in the Superioi Court (Lincoln County, Marsano, J.) denying his claim against defendant Progressive Casualty Insurance Company (Progressive) for injuries caused by an uninsured motorist. Genthner argues on appeal that the Superior Court erred as a matter of law in applying the language of Progressive’s policy to the stipulated facts. We agree, and we vacate the judgment.

Genthner, a passenger in a vehicle insured by Progressive, was struck by a vehicle driven by a hit-and-run motorist immediately after a…