Mark Banaszak, Appellant, Plaintiff Below v. Progressive Direct Insurance Company, Appellee, Defendant Below

Summary

The court held that the statutory requirement to provide minimum uninsured-motorist coverage and the separate requirement to offer additional underinsured-motorist coverage operate independently. Progressive’s pre-filled rejection documents and telephone exchange did not constitute a meaningful offer of additional underinsured-motorist coverage, so the policy had to be reformed to provide coverage matching Banaszak’s $100,000 bodily-injury liability limit. The court affirmed the ruling granting summary judgment on the uninsured-motorist issue and reversed and remanded as to the amount of underinsured-motorist coverage.