National American Insurance v. Progressive Corp.

MEMORANDUM OPINION AND ORDER

MICHAEL T. MASON, United States Magistrate Judge

National American Insurance Company (“NAICO”) has sued the Progressive Corporation and Artisan & Truckers Casualty Company (“Artisan”), seeking to recover money NAICO paid out on behalf of its insured, which it claims Artisan should have paid. The case is before the Court on cross-motions for summary judgment. For the reasons explained below, NAICO’s motion [31] is granted, and Artisan’s motion [44] is denied.

Background

On August 23, 2010, the truck Gustavo Bernal was driving was hit from behind by a semi truck…