Wold v. Progressive Preferred Insurance Co.

OPINION

BRYNER, Justice.

I. INTRODUCTION

Heidi Wold was killed while riding in a pick-up that rolled over after its driver, Koby Smith, swerved to avoid an on-coming car; the on-coming car kept driving and was never identified. Heidi's estate and her parents settled with Smith's insurer; Heidi's mother, Cynthia, then claimed benefits-both individually and as personal representative of Heidi's estate-from Progressive Preferred Insurance Company on Cynthia's own uninsured motorists (UM/UIM) policy. Progressive refused to pay and sought a declaratory judgment, claiming that the unknown driver's…