Progressive Max Insurance Co. v. Hopkins

Matthew Hopkins (“Insured”) appeals a- declaratory judgment ruling that his motorcycle insurer, Progressive Max Insurance Company (“Progressive”), was entitled to set-offs from its underinsured motorist (“UIM”) liability limit under the terms of its insurance policy (“the Policy”). The judgment resulted from cross-motions for summary judgment, and- the following material facts are not in dispute.1

While riding his motorcycle, Insured was struck by a vehicle operated by another motorist ■ (“Tortfeasor”). Insured was seriously injured and sustained damages exceeding $127,000. -Tortfeasor had…