Progressive Northwest Insurance Co. v. Metropolitan Property & Casualty Insurance Co.
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The Supreme Judicial Court affirmed the superior court's summary judgment entered in favor of Metropolitan Property and Casualty Insurance Company as to Progressive Northwest Insurance Company's complaint seeking indemnification for a portion of a final settlement paid involving a mutually-insured party, Vincent Micale, holding that there was no error.
Micale rented two jet skis from Jet Ski Guys, Inc. (JSG). Two individuals listed on Micale's rental agreement collided while operating the jet skis, resulting in injuries to one individual. At the time of the accident, Progressive provided a boat and personal watercraft liability insurance policy to Micale, and Metropolitan provided homeowner insurance to Micale. JSG filed a complaint alleging that Micale and others were negligent in the operation of the jet skis. The injured individual filed a cross-claim against Micale. In a settlement, Progressive agreed to pay $300,000 to the injured individual on Micale's behalf. Progressive then sued Metropolitan, arguing that Metropolitan had a duty to indemnify Micale for half the amount that Progressive had paid to the injured individual. The court entered judgment in Metropolitan's favor. The Supreme Judicial Court affirmed, holding that the plain meaning of Metropolitan's policy did not provide coverage for injuries arising out of the use of the watercraft involved in the accident.
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