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Ohio Supreme Court Upholds Escape Clause in Progressive Auto Liability Policy

October 23, 2023

Acuity and Progressive Specialty Insurance Co. disputed who should pay after a 16-year-old boy borrowed a friend’s car and crashed it into a utility pole in Streetsboro, Ohio.

The driver was insured by Acuity through a policy issued to his father. The car’s owner was insured by Progressive. The Progressive policy provided liability coverage to drivers not listed on the policy who had permission to use the vehicle, but only if the driver did not have liability coverage through another insurance policy.

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