John Werner, Jr. v. Progressive Preferred Insurance

COOK, Circuit Judge.

John Werner sued Progressive Preferred Insurance Company (“Progressive”) over the distribution of insurance benefits. Werner claims that Progressive acted in bad faith and breached its contract with him when it paid the balance of his “Med-Pay” benefits to Primax Recoveries, Inc. (“Primax”), a claimed lienholder. The district court granted summary judgment for Progressive, and we affirm.

I

Werner contracted with Progressive to insure his motorcycle. In addition to other coverage, his policy provided $5,000 in “MedPay” benefits:

Subject to the Limit of Liability shown on the…