Progressive Max Ins Co. v. National Car Rental Systems, Inc 329 S.W.3rd (Ky 2011)

Michael F. Lawrence

Case Conclusion Date:January 1, 2011

Practice Area:Insurance

Outcome:Supreme Court decided statute only allowed for recovery by intervention or mediation so common law claim dismissed.

Description:National sued under common law subrogation to recover from tortfeasors insurer, Progressive. Civil claim was filed by injured party, settled and dismissed without notice to National so it had no opportunity to intervene and assert claim. Additionally, it was not a member of the insurance agreement that would have allowed it to demand mediation / arbitration against Progressive (tortfeasors insurer)