Progressive Insurance v. Brown Ex Rel. Brown

¶ 1. Progressive Insurance Company appeals the superior court’s summary judgment ruling in favor of Kyle Brown for uninsured motorist (UM) coverage. In its ruling, the court concluded that the policy definition of “uninsured motor vehicle,” which excludes any vehicle owned by the insured or a relative, is unenforceable because it violates the public policy expressed in Vermont’s UM statute, 23 V.S.A. § 941(a). On appeal, Progressive argues that Brown is not entitled to UM coverage based on the definition in the policy, and also raises several new arguments for the first time. We conclude that…