Progressive Casualty Insurance v. Watson

GODERICH, Judge.

The defendant, Progressive Casualty Insurance Company [Progressive], appeals from a non-final order finding that the plaintiff, Frances K. Watson, was entitled to receive personal injury protection benefits. We reverse.

On March 31, 1995, Watson was riding as a passenger in a “jitney” when it was struck from behind by a vehicle driven by Julie Lang. Because Watson had no insurance, she brought suit against Lang’s insurer, Progressive, seeking personal injury protection benefits. Watson filed a motion for partial summary judgment arguing that when a passenger is injured while…