A tragic trucking accident has put Progressive Express Insurance Company in the spotlight as it faces a federal court case over coverage related to the incident. The case has caught the attention of the insurance industry, particularly due to its focus on the nuances of commercial auto insurance policies.
The accident occurred on February 19, 2024, involving a truck driven by Ramon Camejo, who was working for DTA Trucking, LLC. Camejo was operating a 2009 Freightliner tractor while towing a 1997 logging trailer owned by Lee Timber Company. During the delivery of logs, the truck collided with a car driven by Ramesh S. Maharaj, who had his passenger, Kamin H. Maharaj. Sadly, Kamin lost his life due to the crash.
Following the accident, Ramesh S. Maharaj and Kamin’s family filed a lawsuit against Lee Timber in state court. They claim the company was negligent in maintaining the trailer and in its hiring and training practices regarding Camejo.
In response, Progressive is defending Lee Timber in this lawsuit, but it’s doing so under a reservation of rights. This means that while they are providing a defense, they are also seeking a court ruling on whether they are obligated to cover the claim under their insurance policy. Progressive argues that the truck and trailer involved in the accident do not meet the definition of an "insured auto" according to their policy. They contend that the accident did not arise from the ownership or use of an insured vehicle, which could exempt them from the duty to defend or indemnify Lee Timber and Camejo.
The lawsuit, filed in Florida’s 20th Judicial Circuit Court, alleges that Lee Timber failed to properly check Camejo’s driving record and ensure he was adequately trained. It also accuses him of driving carelessly and operating the truck in an unsafe manner.
Progressive’s legal complaint emphasizes that the vehicles involved do not qualify as “insured autos” and reiterates its position that the accident did not stem from the ownership or use of an insured vehicle. The company is now asking the court to clarify its rights and responsibilities under the policy and is seeking to recover its legal costs.
This case is still in its early stages, and no final decision has been reached yet. The outcome will be closely monitored by insurance professionals, especially those involved in commercial auto liability. It serves as a reminder of how critical the details in an insurance policy can be when it comes to claims and coverage disputes. Sometimes, even experienced insurers need a judge to clarify what is covered and what isn’t.