BROWN v. PROGRESSIVE INS. CO.


860 A.2d 493 (2004)

John Lee BROWN, Administrator of the Estate of Michael P. Brown, Deceased, Appellee v. PROGRESSIVE INSURANCE COMPANY and MOUNTAIN LAUREL ASSURANCE COMPANY, Appellants.

Superior Court of Pennsylvania.

Filed September 8, 2004.

Reargument Denied November 18, 2004.


Attorney(s) appearing for the Case

Jeffrey A. Ramaley, Pittsburgh, for Progressive, appellant.

Kelly M. Tocci, Aliquippa, for appellee.

Before: FORD ELLIOTT, LALLY-GREEN, and TODD, JJ.


LALLY-GREEN, J.:

¶ 1 Appellants, Progressive Insurance Company ("Progressive") and Mountain Laurel Assurance Company ("Mountain Laurel"), appeal from the judgment dated August 14, 2003, in favor of Plaintiff/Appellee, John Lee Brown, administrator of the estate of Michael P. Brown. We vacate the judgment and remand for entry of judgment notwithstanding the verdict (jnov) in favor of Appellants.

¶ 2 The factual and procedural history of the case is...

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