From Pasparage v. Progressive Specialty Ins. Co., decided last month by Judge Maureen Kelly (W.D. Pa.):
Plaintiff … was injured in a car accident caused by a negligent driver. The parties agree that the driver was at fault for the accident and agree that his insurer has tendered the full limits of his liability policy. Through this breach of contract action, Plaintiff seeks additional recovery under the underinsured motorist ("UIM") provisions of his insurance policy, issued by Defendant Progressive Specialty Insurance Company …. The parties dispute the extent of Plaintiff's injuries that were caused by the accident, and Progressive has denied Plaintiff's UIM claim.
Progressive has filed a Motion in Limine seeking to preclude references at trial to Progressive as the named defendant. Progressive contends it would suffer unfair prejudice if a jury was aware of its relationship to this action. Thus, Progressive requests that the parties use the name of the non-party driver as the defendant. Progressive argues that the substitution is in accord with "the substantive law of the forum state – Pennsylvania," and the non-dipositive opinion issued by the Pennsylvania Superior Court in Stepanovich v. McGraw (Pa. Super. 2013), where the underlying tortfeasor was also a party to the action.
