Progressive Insurance v. Wasoka

¶ 1. Progressive Insurance Company appeals from a denial of its motion for summary judgment against its insured, Gregory Wasoka, for fraud in the inducement of an automobile insurance policy. Progressive claims on appeal that the trial court misunderstood its motion for summary judgment and erroneously dismissed the entire case when Progressive had filed its motion based on only one of its claims. Progressive contends the trial court also erred by treating Wasoka’s response as a cross-motion for summary judgment, which it claims raised new matters, without giving Progressive thirty days to…