Progressive Specialty Insurance v. Burke

KENNEDY, Circuit Judge.

Defendant appeals the district court’s order granting summary judgment to Plaintiff. Defendant Burke argues that the district court erred when it determined that he was not entitled to either the basic reparation benefits or the uninsured/underinsured motorist benefits under his insurance policy. We affirm.

BACKGROUND

On November 5, 2000, Defendant was mowing the grass opposite his home when he was struck by an all terrain vehicle (ATV) pulling a trailer, driven by Defendant’s neighbor, Billy Todd Jolly. At the time of his injury, Defendant was insured under a policy of…