SOURCE: Briskman Briskman & Greenberg
CHICAGO, IL--(Marketwire - Sep 5, 2012) - Progressive Insurance is on the defense in the court of public opinion. The company insured Kaitlynn Fisher. In 2010, she was killed in a car crash in Baltimore; her family sued the other driver. Despite the fact that the other driver's insurance carrier accepted responsibility for the accident, Progressive was accused of stepping in to say that the crash was Ms. Fisher's fault. The allegation was that they did so in an attempt to avoid paying underinsured benefits to the Fisher family. The case came to light when Ms. Fisher's brother, Matt Fisher, wrote a blog post describing the situation.
"In recent years, national insurance carriers have waged a massive television advertising campaign aimed, in part, at establishing that they will be there for their insured when they need it the most," said Paul Greenberg, a Chicago personal injury attorney. "The sad situation involving Ms. Fisher shows what many of these carriers are really all about."
A jury found that the other driver was negligent, despite Progressive's arguments to the contrary.
Matt Fisher said that his family had received many online messages of support. The controversy prompted Progressive to issue a statement, claiming that the company did not represent the negligent driver. Mr. Fisher countered that although the company did not formally represent the negligent driver, it was working against the family's claims, as a third party.
The case caused controversy because many people were unaware that an insurance company may take sides against its own client. The family's lawyer said that while Progressive's attorneys did not represent the driver who was at fault, they did coordinate with the defense.
It is not necessarily unusual for an insurer to be adverse to its own insured, but this case created a stir because it seemed clear that Ms. Fisher was the victim. In fact, the other driver's insurer, Nationwide, conceded that he was at fault and agreed to pay $25,000, the limit of his coverage.
To learn more, contact a car accident lawyer or wrongful death lawyer at Briskman Briskman & Greenberg by calling 312.222.0010 or visiting http://www.briskmanandbriskman.com/.
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