Bogan v. Progressive Casualty Insurance

Upon a review of the policy terms before us, particularly those relied upon by the parties and which are set forth in their letters of correspondence, it becomes apparent that the issues in this case cannot be resolved without determining the effectiveness of those preconditions to underinsured motorist coverage contained in Progressive’s policy. Specifically, we must consider the consent to settlement clause, the extent to which an injured party must exhaust the underinsured’s policy limits and the extent to which the provider of underinsured motorist coverage may require protection of its…