Progressive Casualty Insurance v. Marca

These consolidated cases arise from the death of Kevan Robbins. The personal representative of Robbins’ estate (the estate) claims damages for wrongful death from Marca, Robbins’ employer. Progressive Casualty Insurance Co. (Progressive), Marca’s liability insurer, seeks a declaratory judgment that Robbins’ fatal injuries occurred in the course of his employment and were, therefore, excluded from coverage under its policy.1 The estate intervened in the declaratory judgment action.

The parties to the declaratory judgment action tried the case to the court. They stipulated that the evidence…