August 15, 2016

 The underinsured motorist (UIM) carrier brought an action against the insured for a declaratory judgment that the policy excluded coverage since the insured was driving his cross utility vehicle that was not a covered auto as defined in the policy. This case is Progressive Preferred Insurance Company v. Reece, 2016 WL 3176482.

 Reece owned and operated a 2012 John Deere 855-D cross utility vehicle and was driving it down the highway. He hand-signaled a left turn and was turning when Askren attempted to pass in her Chrysler Sebring. The Askren vehicle collided with the left rear corner of the cross utility vehicle, causing injury to Reece. Reece was offered $50,000, the liability limit on the Askren vehicle; his injuries were in excess of $150,000.