Progressive Am. Insurance v. Starling

BY JUDGE T. J. MARKOW

This case is before the Court on a Bill of Complaint for a Declaratory Judgment. Progressive American Insurance Company, Starling’s auto liability carrier, alleges that Bernard Silva’s injuries are not die result of the use of an automobile. Northfield Insurance Company, Starling’s commercial liability carrier, alleges that its automobile exclusion applies to Silva’s injuries to prevent coverage. Silva argues that neither exclusion applies and both policies provide coverage.

Briefly, the facts in this case are as follows. W. C. Starling removes and trims trees as a sole…