Legal Opinion

Progressive Max Insurance Co. v. National Car Rental Systems, Inc.

Kentucky Supreme Court

Decided January 20, 2011No. 2009-SC-000577-DGPublished

1Opinion of the Court

Opinion of the Court by

Justice SCOTT.

This appeal arises from a subrogation dispute regarding basic reparations benefits (BRB) paid by Appellee, National Car Rental Systems, Inc. (National) to a passenger of one of its rental vehicles. After payment, National sought full reimbursement against Appellant, Progressive Max (Progressive), the insurer of the driver of National’s vehicle.

After the Jefferson Circuit Court granted summary judgment in National’s favor, the Kentucky Court of Appeals affirmed, holding that (1) Progressive was primarily liable for BRB; and (2) National may pursue its claim…

2Cases cited7 opinions

  1. United States Fidelity & Guaranty Co. v. Safeco Insurance Co. of AmericaSupreme Court of Missouri · 1975
  2. Roth v. Old Republic Insurance CompanySupreme Court of Florida · 1972
  3. Progressive Casualty Insurance Co. v. KiddKentucky Supreme Court · 1980
  4. Kentucky Farm Bureau Mutual Insurance Co. v. Shelter Mutual Insurance Co.Kentucky Supreme Court · 2010
  5. Spencer v. Estate of SpencerKentucky Supreme Court · 2010

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