Fanning v. Progressive Northwestern Insurance Co.

GARY D. WITT, Judge.

This case involves the interpretation of underinsured motorist provisions contained in a motorcycle insurance policy. The insured party, Stanley Fanning (“Fanning”), and the insurer, Progressive Northwestern Insurance Company (“Progressive”), filed cross motions for summary judgment. The trial court found the policy to be ambiguous and entered summary judgment in favor of Fanning. Progressive appeals. We affirm.

Factual and Procedural History

The facts are undisputed. While riding his motorcycle, Fanning was involved in an accident with a vehicle operated by Kathleen Burnham…