PROGRESSIVE INS. CO. v. BROWN

No. 06-507.

966 A.2d 666 (2008)

2008 VT 103

PROGRESSIVE INSURANCE COMPANY v. Kyle BROWN, By His Next Friend, James BROWN.

Supreme Court of Vermont.

August 1, 2008.


Attorney(s) appearing for the Case

Samuel Hoar, Jr. and Douglas D. Le Brun of Dinse, Knapp & McAndrew, P.C., Burlington, for Plaintiff-Appellant.

William T. Counos, II of Kissane Associates, St. Albans, for Defendant-Appellee.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


¶ 1. DOOLEY, J.

Progressive Insurance Company appeals the superior court's summary judgment ruling in favor of Kyle Brown for uninsured motorist (UM) coverage. In its ruling, the court concluded that the policy definition of "uninsured motor vehicle," which excludes any vehicle owned by the insured or a relative, is unenforceable because it violates the public policy expressed in Vermont's UM statute, 23 V.S.A. § 941(a). On appeal, Progressive argues that...

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