Progressive Specialty Insurance v. Wilkerson

THOMAS, Judge.

Progressive Specialty Insurance Company (“Progressive”) appeals from a summary judgment in favor of Deborah Wilkerson in an action alleging breach of a settlement agreement. We reverse.

The pertinent facts in this case are undisputed. On November 16, 2003, Wilkerson was injured in a motor-vehicle accident with Thomas Killeen. Wilkerson’s vehicle was insured by State Farm Insurance Company (“State Farm”), and Killeen’s vehicle was insured by Progressive. State Farm paid Wilkerson $5,000 in medical-payments benefits. On June 14, 2005, Wilkerson sued Killeen, alleging negligence and…