National Wrecker, Inc. v. Progressive Casualty Insurance Co.Annotate this Case
The Supreme Judicial Court affirmed the judgment of the superior court granting Progressive Casualty Insurance Company's motion for summary judgment and denying National Wrecker, Inc.'s (NWI) summary judgment motion, holding that a judgment obtained by NWI against Fred Muluya, Progressive's insured, was not covered by Muluya's automobile insurance contract.
After an accident involving Muluya's truck NWI filed a complaint against Muluya seeking payment of its invoice for towing fees, storage fees, and costs associated with clean-up of the accident. The superior court awarded NWI $26,540 in total damages. Muluya carried a commercial auto insurance policy with Progressive. NWI filed a claim against Progressive seeking recovery of the judgment it obtained against Muluya. The superior court granted Progressive's motion for summary judgment, concluding that the policy did not cover NWI's judgment. The Supreme Judicial Court affirmed, holding that Progressive was entitled to judgment as a matter of law because NWI did not establish that its judgment against Muluya was for covered damage.