Update: Progressive Denies Defending Customer’s Killer in Court — But ‘B.S. of A.‘s’ Matt Fisher Details Courtroom Scene As It Happened
- Posted on August 15, 2012 at 8:51am by
Billy Hallowell
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UPDATE: This story has been updated. See the bottom of the story for more.
FILE
On Tuesday, TheBlaze told you about GBTV’s Matt Fisher (”The B.S. of A.“) and the tragic scenario surrounding his sister’s death. In an article on his Tumblr page entitled, “My Sister Paid Progressive Insurance to Defend Her Killer In Court,” he recently outlined the horrific drama that his family has faced in an ongoing battle with Progressive Insurance. Following a media firestorm, both Progressive — and Fisher — are responding to the debate.
While you can read a recap of the scenario here, we’ll quickly provide the details for you again: Fisher’s sister, Katie, was hit and killed by a man who ran a red light back in 2010. While she was insured by Progressive, the individual who hit her, Ronald Kevin Hope III, was allegedly under-insured and her estate was paid very little as a result.
Because there was some uncertainty surrounding the cause of the accident, Progressive allegedly dragged its feet on honoring the policy that Katie had. Inevitably, due to some restrictions in Maryland law, Fisher‘s parents weren’t able to take the company to court to seek funds, so they were forced to sue Hope in an effort to push Progressive into paying them.
While the case finally concluded last week in the family’s favor, Fisher wrote that Progressive actually participated in the defense of Hope in court in an apparent effort to avoid paying out on the policy.
Photo Credit: Progressive Insurance
As TheBlaze reported late yesterday, in addition to some very odd seemingly automatic Tweets issuing condolences to the Fisher family this week, Progressive responded to furor over the incident in more detail. Around 2 p.m. in the afternoon on Tuesday, the company issued the following update:
I’d like to take this opportunity to explain Progressive’s role in this complex case. First and foremost, our deepest sympathies go out to Kaitlynn Fisher’s family.
To be very clear, Progressive did not serve as the attorney for the defendant in this case. He was defended by his insurance company, Nationwide.
There was a question as to who was at fault, and a jury decided in the Fisher family’s favor just last week. We respect the verdict and now can continue to work with the Fisher family to reach a resolution.
Chris Wolf
Claims General Manager
Progressive
But, as TheBlaze also noted, despite a denial of assisting the individual responsible for the death, a simple search for court documentation shows that Progressive was given permission to participate on the side of the defense back in May 2011. The document reads:
It is this 19th day of May, 2011, by the Circuit Court For Baltimore City, hereby ORDERED
1. That Progressive Advance Insurance Company be and is hereby allowed to intervene as a party Defendant.
2. That Progressive Insurance Company is GRANTED all rights to participate in this proceeding as if it were an original party to this case.
Matt Fisher (Photo Credit: GBTV)
Obviously, this creates a plethora of questions. In response to his initial Tumblr post and to Progressive’s claim that the company did not represent Hope, Fisher wrote yet another brief article about the matter. While he claimed that he is certainly no lawyer, he described the scene that was observed in the courtroom. We’ll let Fisher tell you, in his own words:
At the beginning of the trial on Monday, August 6th, an attorney identified himself as Jeffrey R. Moffat and stated that he worked for Progressive Advanced Insurance Company. He then sat next to the defendant. During the trial, both in and out of the courtroom, he conferred with the defendant. He gave an opening statement to the jury, in which he proposed the idea that the defendant should not be found negligent in the case. He cross-examined the plaintiff’s witnesses. On direct examination, he questioned all of the defense’s witnesses. He made objections on behalf of the defendant, and he was a party to the argument of all of the objections heard in the case. After all of the witnesses had been called, he stood before the jury and gave a closing argument, in which he argued that my sister was responsible for the accident that killed her, and that the jury should not decide that the defendant was negligent.
Then, Fisher went on to say that he is perfectly comfortable characterizing this as a legal defense, as Moffat apparently — pending these details are true — took on all of the qualities of a lawyer seeking to assist his or her client.
The “B.S. of A.” comedian also explained why he wrote his initial blog post, claiming that it was an effort to shed light on the way in which Progressive “had sought out ways to meet their strict legal obligation while still disrespecting my sister’s memory and causing my family a world of hurt.” He called the company‘s denial of participation in Hope’s defense “infuriating.”
UPDATE: Today, ABC News added details about the case, explaining the sum that was awarded to Fisher‘s family as well as a response from the family’s representation:
The jury awarded the Fishers $760,000 and Progressive will have to pay at minimum $100,000, the amount on Katie’s policy, within 30 days, according to the Fishers’ family attorney, Allen W. Cohen.
Fisher and a family spokeswoman directed ABC News to Cohen.
Cohen said while Progressive’s claim is technically correct that they did not serve as an attorney for the defendant, “Progressive did everything in their power to show that their own insured did something wrong. They were fighting against the person who paid them premiums.”
That included calling a witness to the stand who claimed that Katie ran a red light.
ABC quoted one expert — an insurance analyst from Consumerist.com — who claimed that Maryland law uses “contributory negligence” to settle civil suits, meaning that “if you are even 1 percent at fault for the accident you are barred from any recovery.” Tom Baker, a law professor at the University of Pennsylvania, also claimed that Progressive might have been following Maryland law in handling the incident that involved an under-insured driver.
“The fact that the other driver‘s insurance company paid its limits quickly does not mean that it was the other driver’s fault,” Baker was quoted. “The insurance policy may have been so small that the insurance company decided that it wasn’t worth fighting about.”
–
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Comments (88)
term limits for congress
Posted on August 15, 2012 at 12:19pmNo mas pantelones!
Report Post »Amarilloan
Posted on August 15, 2012 at 3:17pmCan’t stop laughing.
Report Post »BryanB
Posted on August 16, 2012 at 1:22amThe First week of October, should be National Turn your Driver’s License and VehicleTags week.
These Car Insurance Companies are suppose to be regulated by the States, so things like what happened to this family don’t happen.
Since most States have Mandatory Auto Insurance for all vehicle owners, and the States that have these Laws always Regulate in favor of the Insurance Companies, because the insurance companies pay-off the State Legisators and State Insurance Commissioners through their Lobbyist.
And lets face it, the States have really helped out the Car Insurance Companies by making Auto Insurance Mandatory.
And what have we gotten out of this Mandatory Law ?
Answer: Nothing !!!!!!!
And with the election in November, and the new voter ID laws, just the threat of people turning in their Driver’s License, the State Legisators, will freak-out…….
Report Post »JanetteA
Posted on August 15, 2012 at 12:02pmCould be wrong, but not too long ago I read that Progressive was owned or backed by Soros. Made sense to me given the name. American Family has been pretty damn good to us. Hopefully nothing fishy about them!
Report Post »dscheerer
Posted on August 15, 2012 at 12:20pmIt is owned by billionaire Peter Lewis. It is reported that he is a monetary supporter of Planned Parenthood in Ohio, the ACLU, and America Coming Together (Soros also supports this group).
Report Post »He is also a pot smoker. Just another useless power-hungry, old hippie with a lot of money to burn.
The_Jerk
Posted on August 15, 2012 at 12:35pmLike Soros, Peter Lewis is Jewish, and both take an active role in changing our culture into that of an international kibbutz.
Report Post »conservincali
Posted on August 15, 2012 at 12:44pmMore on Peter Lewis.
http://www.discoverthenetworks.org/individualProfile.asp?indid=2003
Report Post »ICanComment
Posted on August 15, 2012 at 3:02pm@The_Jerk
…except that Soros is also simultaneously and demonstrably an antisemite. Very strange dichotomy, indeed.
Report Post »candymanal
Posted on August 15, 2012 at 3:08pmYou are not wrong. The insurance giant, is also a big donor, to the Democrats.
Report Post »Hence the name, “Progressive.”
Skybottle1
Posted on August 15, 2012 at 11:32pmWell I have a story from hell regarding American Family, in 2004 our 3300 square home burned to the ground in Phoenix. We were insured by American Family, let me tell you it took over two years of fighting every day to get what we had paid for in coverage. It was so bad that a very good friend of my wife suggest we call her brother who was a very big lawyer in Phoenix that did work for many insurance companies. He gave me a name to call and said he was the best. Made an appointment with him walked into his office, introduced myself, told him a little detail and he stoped me and asked, “are you covered by American Family”, I almost fell off my chair. He said he had over 6 suits against them for non payment. Insurance companies will do everything to not pay. They are one of the biggest rip offs next to the federal govt..
Report Post »vox_populi
Posted on August 15, 2012 at 11:59amHey, they’re just out to make sure they make a profit for their shareholders. Why do you all hate capitalism so much?
Report Post »Berbel73
Posted on August 15, 2012 at 12:40pmYou’re such a douchebag.
Report Post »conservincali
Posted on August 15, 2012 at 12:48pmThis is not Capitalism.
If this was an insurance company that backed conservative groups or owned by the Kochs, this would be leading every news cast for weeks.
Report Post »conservincali
Posted on August 15, 2012 at 12:57pmWith a moniker like vox populi (voice of the people), it‘s strange that you aren’t outraged at the despicable acts of an EVIL corporation. You should try to apply your morals equally across the board. No grey area. Life’s much easier that way. Grey area leads to pretzel logic.
Report Post »vox_populi
Posted on August 15, 2012 at 2:21pm“This is not Capitalism.”
Really? How so? This is a corporation doing everything within its legal power to protect the bottom line of its shareholders – the capitalists. Their interests come first in business. That’s the literal definition of a capitalist economic system.
“It‘s strange that you aren’t outraged at the despicable acts of an EVIL corporation.”
Of course I’m outraged. I’m always outraged when things like this happen – whether in car insurance, or private health insurance, or any other sector where a corporation sacrifices everyone and everything on the alter for its Shareholder Gods.
“You should try to apply your morals equally across the board. No grey area.”
Says the guy suddenly opposed to capitalism.
Report Post »MasterJoshua7
Posted on August 15, 2012 at 3:08pmLying and breaking contracts is NOT capitalism, you cliche. You’d know if you actually listened to the other side once in a while. Now go away, troll.
Report Post »conservincali
Posted on August 15, 2012 at 4:11pm“Says the guy suddenly opposed to capitalism.” I’m not opposed to Capitalism. Just what we have now. We haven’t had Capitalism in a very long time. Once the gov’t gets in bed (bailouts, subsidies, tax credits) with anything, it starts to rot from within. (Society – Welfare; Business – see previous; Farming – subsidies; Energy – fraudulent loans, tax breaks)
Report Post »First. Personal and business taxes should be a flat rate. Personal should be scaled based on income and then locked together. Example: $0 – $10k should pay 1% $10-20k – 2% and so on up. Once we decide what these rate should be, then they’re locked together. Meaning taxes can’t be raised on one group. If you raise taxes, you raise them for everyone. We all have skin in the game. (This includes all the gimmie programs) Same thing applies to businesses. Mom‘s flower shop shouldn’t be paying the same rate as GE. In both cases, personal and business, there NO write-offs, tax credits, subsidies. NOTHING. We pay our taxes and we are left alone. If we move to this, govt can’t target people for either destruction or saving.
Second, while I agree that entities (business, unions, super pacs) have a 1st amendment right, they should have the same political donation caps on them that I have. We need to get the big money out of politics. It’s supposed to “We the people” not “We the people with the most money”
Now we’re moving closer to the capitalism that I see and further away from the crony capitalism/socialism t
conservincali
Posted on August 15, 2012 at 4:27pmCont.
Report Post »How’s that for applying morals across the board? I want an equal opportunity, not an equal outcome. Shared prosperity, as our current Marxist calls it is a pipe dream. Shared prosperity is govt confiscation. How is that “fair”?
Donutwarrior
Posted on August 15, 2012 at 4:28pmSee people like you argue against corporate power and greed, etc, and I think you have a point sometimes. Then you turn around and say government should be more powerful to fix this problem. Corporations can be sued, shamed or shunned, but the government can’t. Regulations? Never seem to fix anything, despite the good intentions. Then we have an all powerful government that doesn’t solve anything, except take our money. Healthcare? What happens when Uncle Sugar says no to your care request…try and sue for satisfaction. See I’ll take corporate solutiuons over government ones every day of the week.
Report Post »Berbel73
Posted on August 15, 2012 at 5:41pmYou see Vox you boneheaded hemor’rhoidal flare up, with free market capitalism if a company mistreats its customers/clients they can then choose to do business with different company. When you live under socialism or communism you have few to no choices with whom you can do business. When the state is the only provider and you are not satisfied with the level of service that you receive you are pretty much S.O.L. And a person could very well just disappear if they dare to speak out against the state. So yes even with all of the faults I’d rather live in a capitalist nation than some mythical marxist utopia. I’m getting real sick of idiot lying jackasses like you.
Report Post »Larryjr
Posted on August 16, 2012 at 11:35amCapitalism makes a profit by operating morally and by the rules. Anything other than that is not capitalism. Progressive took money from a client in return providing insurance. When there was a claim they turned on their own client. That is immoral and not capitalism.
Report Post »Magicsmom
Posted on August 15, 2012 at 11:50amIt sounds like Progressive has become the new “Mercury Insurance Company”. By that I mean that Mercury has a reputation for fighting cases, even ones they have no hope of winning. The dirtbags tried to weasel out of paying a claim to me when one of their insured made a left hand turn in front of me and caused a head on collision. It was absolutely sleazy of them.
Report Post »Pinupgrl76
Posted on August 15, 2012 at 11:43amCould anyone give any recommendations of auto insurance companies than are/support on the conservative side ?? I heard Glenn mention Chubb, but there are no agents in Seattle. I currently have Progressive and will call today and switch ! I just need a recommendation on who to switch to !
Report Post »Thanks !
Neesey
Posted on August 15, 2012 at 12:03pmAmica
Report Post »CWPrequired
Posted on August 16, 2012 at 11:33amStay away from The Hartford and their AARP program, Travelers is also left of center.
Report Post »minorityconservative2
Posted on August 16, 2012 at 1:09pmGeico is pretty inexpensive and they support the military.
Report Post »LoveFerrets
Posted on August 16, 2012 at 3:47pmI agree, Amica is a great company!
Report Post »ginger100
Posted on August 15, 2012 at 11:36amHow about it Progressive, “share the wealth”
Report Post »TheMajority
Posted on August 15, 2012 at 11:19amWell, that is what our Court system is suppose to be for. But when you now have progressive law picking sides (instead of constitutional law), you will find you can not sue a Insurance company named progressive in a progressive state.
How progressive.
Report Post »TheMajority
Posted on August 15, 2012 at 11:32amBy the way—Progressive Insurance, I dropped your service—because of your name, and understood you were started by leftists. Now knowing you get in bed with government to make law to protect you from a law suit from a customer, I think I made the right choice by not giving you my business.
My #1 rule for doing business with anybody is, “I only do business with good people who do what they say they will do.” It is that simple.
When government nationalizes the auto insurance companies, I bet progressive will be the last standing.
Report Post »ravinginfidel
Posted on August 15, 2012 at 11:08amFrom now on when I see Flo, I’ll think of this incident. I see Flo a lot.
Report Post »watashbuddyfriend
Posted on August 15, 2012 at 11:19am@ ravinginfidel, do you know who funds Flo’ paycheck?
Report Post »dscheerer
Posted on August 15, 2012 at 12:10pmEvery time I see Flo, I mute the TV. Now I will mute the TV AND remember this incident.
Report Post »Tampa Ken
Posted on August 15, 2012 at 10:52amSad thing when money is all some company’s think about. I agree with others in that Most insurance company’s would do this if the law gives them a loophole to not pay.. even though there Contract with the person says… You Pay… and in a State like Maryland where you can’t sue the company.. leave little to no recourse to get money that your owe’d..
Have plenty of examples of during Rita and Katrina in Louisiana where a person I know, had the same home insurance for 15+ years, and after Rita, they cancel the policy.. after 1 claim..
That Maryland law should go away.. not allowed to Sue the Insurance? that is total BS
Report Post »Victory Not Vengeance
Posted on August 15, 2012 at 11:42pmThere are a LOT of laws in Maryland that are BS and need to go away. But it’s a one-party Democrat state, so that’s not going to happen. Eventually, most of the Makers in Maryland are going to go Galt and get out of the state, at which point the Takers will have nothing left.
Trust me, I am looking for THE FIRST CHANCE I GET to defect across the Potomac. And I know I’m not alone.
Report Post »kedward
Posted on August 15, 2012 at 10:51amIf the chairman wants to give to marxists, thats his right. It’s not like the government would go after a business because the owner gives to causes the President is against, not here in America. For example, when Obama tried to ruin Gibson guitars, it was not because the owner gives to Republicans or, because Gibson runs a non union shop. No, it was the wrong type of wood. The same wood, from the same sources, used by Martin guitars but, they were spared the incursion by jackbooted thugs. Why? Does Martin run a union shop and, give to Obama? Yes, that corruption is now, here in America.
Report Post »HKS
Posted on August 15, 2012 at 10:44amThe name says it all, they are in fact “progressive” and support progressive causes with their profits, still want to contribute? Pass the word and the marketplace will solve this issue. However, progressive would prefer that, you never seen this.
Report Post »LoneStarGigger
Posted on August 15, 2012 at 10:24amProgressives is exactly what it’s name implies. No Conservative should ever have anything to do with this company. Why would you want to support a company that only supports radical liberal causes?
As far as Obama trying to attempt a governmental take-over of the oil industry, it will never happen. I know what they say about never saying never, but this will never happen. If he does try, every oil company will pick up and move lock, stock, and barrel over seas, and not think twice about it.
Report Post »EqualJustice
Posted on August 15, 2012 at 10:19amJust check out the people INVOLVED with Progressive and it will give you a clue! (Fannie Mae, GM, Goldman Sachs, Media Matters, Move on. org JP Morgan, Citi-group, etc.) ALL the usual suspects! PROGRESSIVE is the perfect name for them. http://www.muckety.com/Progressive-Corporation/5003497.muckety
Report Post »desert buckeye
Posted on August 15, 2012 at 9:48amI’m from the area where Progressive is headquartered. I boycotted them years ago…cute comercials aside.
Report Post »Listen_then_think
Posted on August 15, 2012 at 9:46amI will NEVER use progressive as their commercials are lightly gay glazed already. They are pro gay d-bags that I didn’t like before.
Report Post »Jenny Lind
Posted on August 15, 2012 at 9:44amHave you noticed, plenty of money for the cute ads, but none for an insured? I am in the process of getting new insurance-Progressive is out. Hope the judge awards legal defense money to the family. One stupid move on their part for sure. The word is out to all GBTV and Blaze people (and their families, friends, aquaintences, etc.)
Report Post »Hunter4Liberty
Posted on August 15, 2012 at 9:41amProgressive Insurance is owned by Peter B. Lewis who donates millions to liberal causes and belongs to the Soros billionaire club. Any company with the name “Progressive” in it is not good.
http://creatingnewworlds.org/2011/03/07/peter-lewis-progressive-auto-insurance-aclu-and-the-left/
Report Post »ZephSceptre
Posted on August 15, 2012 at 10:14amGuys I’m a former employee of Progressive and I think I can shed a little light on this….
First of, what they did is disgusting, but not all that uncommon, I’ve worked claims for several major insurance carriers and am comfortable saying that most of them would handle a case like this similarly. That doesn’t make it right. I remember some pretty disgusting things, but they do operate within the law and if legal decides that they may not owe something they challenge it.
Now as for Peter B. Lewis:
Report Post »His dad founded the company. Peter took over when his dad died – but he “stepped down” in 2000. More accurately, the board was composed of reasonable businessmen like you would see in any fortune 500 company and they recognized that he was a liberal nutjob and that they needed to distance themselves from him. He was given the ceremonial title of “Chairman” but he was taken off of the payroll and has since not been involved in the operations of the company. They installed Glenn Renwick, who is pretty much what you would expect from a fortune 500 CEO. So I guess what I‘m trying to say is it’s not the company donating to Soros as an institution – it’s Peter himself. The company doesn’t want anything to do with his political escapades – they actually made it policy for us to explain that Mr. Lewis’ political views are his own, not the company’s, when asked. The company has been named “Progressive” since being founded by Peter‘s father who I’m guessing was
betsyyoung
Posted on August 15, 2012 at 10:18amThanks for that link! Everyone should read it!!
Report Post »HKS
Posted on August 15, 2012 at 11:30amIn the case of chick-fil-a the liberals came unglued and started riots when the CEO said he supported straight marriage, is there a difference here. Doesn’t it at least deserve the publicity.
Report Post »Landon410
Posted on August 15, 2012 at 9:37amObama will have a beer party in the rose garden with Progressive and Matt Fisher
Report Post »$5 per party cup, woooo
jimbo_from_suwanee
Posted on August 15, 2012 at 9:36amLiberals are liberals. Barak Obama: “I did not say that you did not build that”. Joe Biden: “I did not say that about chains the way you think I said it.” Bob Beckle: “F-bomb you! oops”. Well maybe Bob is a bad example here, but anyway liberals will do things to attack until we call them on it. Act nice for a bit then push the boundaries a little bit further next time. (Wait maybe Bob is a good example!) It is the liberal way.
Report Post »Impenitent
Posted on August 15, 2012 at 9:35amprogressive – taking your hard earned money one way or another.
the company name says it all
Report Post »AJAYW
Posted on August 15, 2012 at 9:30amNote the words -To be very clear- used by Claims GM Chris Wolf of Progressive. Who else uses that phrase….?
Report Post »If your involved in a accident and Progressive is the company insuring the other party get a laywer.. protect yourself.
yourtea
Posted on August 15, 2012 at 9:28amI CHANGED TO 21 st CENTURY LAST YEAR. AND THEY EVEN SENT ME A GIFT CARD FOR CHRISTMAS.AND I SAVED OVER 100 DOLLARS ON MY INSURANCE.
Report Post »randy
Posted on August 15, 2012 at 11:37amDo your research about 21st century insurance before you go with these scam artists.
Report Post »Thousands of horror stories on-line
Gonzo
Posted on August 15, 2012 at 9:26amObama will be nationalizing the automobile insurance industry next.
Report Post »scuba13
Posted on August 15, 2012 at 9:40amAnd then it’s the oil companies turn to be nationalized.
Report Post »Rdpurdom
Posted on August 15, 2012 at 11:45amTed, I agree and this is just the beginning IF Obama gets another 4 years! From one (former) Detroit resident to another, Oklahoma would be a great place for a Nugent Ranch, don’t ya think!
Report Post »Steven63
Posted on August 15, 2012 at 9:20amI’m up for renewal on my jet ski policy with Progressive. I will be watching this very, very closely. It already looks bad for them and I will probably be changing insurance companies because of this.
Report Post »ConConInCon
Posted on August 15, 2012 at 9:28amIt’s beyond me how any conservative could send their money to this evil company. From their reluctance to honor their commitments to the amount of money they donate to extremely progressive causes, this is one bad news company for any American, let alone conservatives.
Report Post »yourtea
Posted on August 15, 2012 at 9:32amChange to 21 st Century I changed last year and they even sent me a gift card at Christmas when I truly neede it.
Report Post »teddrunk
Posted on August 15, 2012 at 10:20amSteve, you spend money with Progressive? Obviously you must use your jet ski, on Lake Mendota, in Commie Madison, to patrol and harass regular boaters and fishermen, because of environmental concerns. No conservative would spend a nickel with them.
Report Post »Gonzo
Posted on August 15, 2012 at 10:32amPlease ditch them. The market should correct this, not more government regulation. If the MSM would report on a story like this, instead of protecting their own, the market would correct this.
Report Post »termyt
Posted on August 15, 2012 at 9:11amAnd now, if everything goes exceedingly well and fortune favors Fisher’s family, Progressive will be forced to pay them what amounts to a fraction of the legal fees required to get them to honor the agreement they made in the first place.
Report Post »