Legal Opinion

Progressive Preferred Ins. Co. v. Graeser

District Court, D. Maine

Decided November 8, 2017No. Case No. 16–cv–2877 (WMW/BRT)Published

1Opinion of the Court

c. with at least four wheels; and

d. with a gross vehicle weight rating of 12,000 pounds or less, according to the manufacturer's specifications.

The Policy also contains the following exclusion:

EXCLUSIONS-READ THE FOLLOWING EXCLUSIONS CAREFULLY, IF AN EXCLUSION APPLIES, COVERAGE WILL NOT BE AFFORDED UNDER THIS PART I.

Coverage under this Part I, including [Progressive's] duty to defend, will not apply to any insured person for:....

10. bodily injury or property damage arising out of the ownership, maintenance, or use of any vehicle owned by [a named insured] or furnished or available for [a…

2Cases cited15 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Golden v. ZwicklerSupreme Court of the United States · 1969
  3. Donna Krenik v. County of Le SueurCourt of Appeals for the Eighth Circuit · 1995
  4. American Family Insurance Group v. SchroedlSupreme Court of Minnesota · 2000
  5. Hubred v. Control Data Corp.Supreme Court of Minnesota · 1989

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