Progressive challenges liability in Missouri trucking crash lawsuit

Progressive asks a federal judge if it must cover claims from a Missouri trucking crash, arguing its policies were canceled or didn't cover the vehicles involved

Progressive challenges liability in Missouri trucking crash lawsuit

Marine

By Tez Romero

Progressive Casualty Insurance Company is asking a federal court if it must cover claims from a Missouri trucking crash after policies were allegedly canceled or excluded.

Progressive Casualty Insurance Company is seeking a federal judge’s guidance after a trucking accident in Missouri last summer. On August 18, 2025, the insurer filed a complaint in the US District Court for the Western District of Missouri, asking whether it must cover claims stemming from a multi-vehicle crash that happened on Interstate 70 in Columbia, Missouri, on August 5, 2024.

According to the complaint, Walter Montejo was driving a tractor-trailer when the collision occurred at about 2:21 p.m. The crash resulted in bodily injury and property damage to several parties, with two wrongful death claims also in play. Lawsuits have been filed by Rudolph Colin and Jacob Helms (Case Number 25BA-CV02498), and by John Brizendine (Case Number 25BA-CV00776), naming a range of defendants including FDH Trucking, JL Transportation, Fast Truck Sales and Repair, Jose Manuel Linares doing business as Erik’s Auto Sales, Walter Montejo, and Bluebird Composting.

Progressive’s complaint lists a long roster of defendants, from the Missouri Department of Transportation to multiple trucking companies, logistics firms, individuals, and minors. The insurer is asking the court to declare it has no duty to defend or indemnify any of them under three specific policies: Policy Number 973654873 (FDH Trucking, Inc.), Policy Number 00813663 (Bluebird Composting, LLC), and Policy Number 974633418 (JL Transportation, LLC).

The insurer’s position is that Policy Number 973654873, issued to FDH Trucking, Inc., was canceled for non-payment of premium effective December 6, 2023. The MCS-90 Endorsement attached to this policy was canceled effective January 11, 2024, and the Federal Motor Carrier Safety Administration was notified of the cancelation on December 7, 2023. Progressive maintains that this policy and its endorsement were not in force at the time of the August 2024 collision.

For Policy Number 00813663, covering Bluebird Composting, LLC, Progressive says that as of June 14, 2024, the policy did not list the 2015 Freightliner tractor or 2005 trailer operated by Montejo at the time of the collision. The policy defines an “insured auto” as one specifically described on the declarations page, or as an additional or replacement vehicle under certain conditions. Progressive asserts that neither the tractor nor trailer involved was an insured auto under this policy.

Similarly, for Policy Number 974633418, issued to JL Transportation, LLC, Progressive says that as of October 31, 2023, the policy did not list the 2015 Freightliner tractor or 2005 Stoughton trailer involved in the collision. The complaint cites the policy’s definition of “insured auto” and claims the vehicles involved were not covered.

The complaint also describes the liability coverage agreement, stating that Progressive will pay damages for bodily injury, property damage, and covered pollution cost or expense for which an insured becomes legally responsible because of an accident, but only if the accident involves an insured auto. Progressive claims the collision did not arise out of the ownership, maintenance, or use of an insured auto under any of the policies.

On the matter of MCS-90 Endorsements, the complaint says these endorsements were either cancelled before the accident or do not require Progressive to pay for any judgment related to the August 5, 2024, collision, as the parties seeking coverage are not named insureds in the endorsements.

Progressive is asking the court to declare it does not owe a duty to defend or indemnify any of the defendants for claims arising from the August 5, 2024, collision, and that it has no surety obligations under the MCS-90 endorsements for this incident.

As of the filing date, this is a newly lodged case and no final decision has been made. The outcome will determine whether Progressive has any obligation to provide coverage or defense for the parties involved in the August 5, 2024, collision.

This case is a clear example of how the details in insurance policies and endorsements can shape the response to major claims. For insurance professionals, it’s a reminder to keep a close eye on policy terms, coverage dates, and regulatory filings - because when a big claim lands, those details matter most.

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