So tragedy occurs. A loved one dies in an accident caused by an under-insured driver. One might expect their insurance company to honor the policy they wrote. The policy the loved one paid good money for.
One does not expect the insurance company to send lawyers to act on behalf of the person that caused the accident.
Progressive released a statement saying that ”Progressive did not serve as the attorney for the defendant” in my sister’s case. I am not a lawyer, but this is what I observed in the courtroom during my sister’s trial:Sometimes, companies earn a black eye. It appears that in the case of the Progressive insurance company, this is one of those times.
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.
I am comfortable characterizing this as a legal defense.