Here is the email I got from Progressive’s PR people today:
In response to your story involving Progressive Insurance, please see the below updated statement on behalf of Progressive:
For the past week, Progressive has been in active settlement discussions with the family of Kaitlynn Fisher. Though there was considerable public interest in this case and we know many of you saw mentions of it on social media and news outlets, we also believed it was inappropriate to share further details while those discussions were ongoing. As of this morning, an agreement has been reached with the Fisher family to settle the claim. Prior to that, we were cautious with our responses, but now that the agreement has been reached, we’d like to further clarify Progressive’s role in the trial.
Ms. Fisher held a policy with Progressive that included Uninsured/Underinsured Motorist coverage, which protects drivers in the event they’re struck by an at-fault driver who’s either uninsured or doesn’t have enough coverage.
Under Maryland law, in order to receive the benefits of an underinsured driver claim, the other driver must be at fault. Sometimes this can be proven without the need for a trial, but in Ms. Fisher’s case, there were credible conflicting eyewitness accounts as to who was at fault.
A trial was necessary so that a jury could review all of the evidence and come to a decision. In those circumstances, under Maryland law, the insurance company providing the Underinsured Motorist coverage is considered a defendant. As a defendant in this case, Progressive participated in the trial procedures on our own behalf while Nationwide represented the other driver.
On Thursday, August 9, a jury determined that the other driver was at fault in the accident involving Ms. Fisher. In accordance with that decision, Progressive worked with the Fisher family and their legal representative to resolve the claim.
This was a tragic accident and our sympathies go out to the Fisher family.
Statement posted here: http://www.progressive.com/understanding-insurance/entries/2012/8/16/update_on_the_kaitl.aspx
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[name deleted] | Account Manager
Allison+Partners for Progressive
71 Fifth Avenue, 7th Floor | New York, NY 10003
Direct: [deleted] Mobile: [deleted] [more personal information deleted]
So Progressive settled with the Fisher family. Yesterday. What a coincidence. My big question is, the one I will never get the answer to, does Progressive pay more than the policy limits to resolve the claim.
Progressive is now stepping forward and claiming there was a dispute of fact with “conflicting” eyewitness accounts. I’ll bet you anything the defendant disagrees with the eyewitness. If it really wants the facts to come out, it would get the Fisher family’s permission as a courtesy (they really don’t need it), and publish the transcript from the trial online.