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Originally Posted by alnorth
Yep, pretty much.
The family wants the underinsured motorists coverage to pay out the policy limits, Progressive thinks the accident was at least partially her fault in which case the policy wouldn't pay. The fact that the other driver's insurance threw in the towel is not relevant because if he had just state minimums, its not worth fighting.
This is the sort of issue that should be dispassionately settle or litigated.
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Progressive wouldn't pay it without arguing about it if there were 10 eyewitnesses and a video.