Borden v. Progressive Direct Insurance Co.

The single issue presented for review is whether the “automobile business” exclusion contained in a standard Rhode Island automobile policy applies in the circumstances of this case as to preclude coverage. Ruling on cross motions for summary judgment, a judge of the Superior Court concluded that it did, and ordered judgment to enter for the defendant, Progressive Direct Insurance Company (Progressive). We agree and, accordingly, affirm the judgment.

To prevail on appeal, the plaintiff must convince us that there is a dispute of material fact which precludes summary judgment or that the…