When Is Bodily Injury "Caused by an Accident" for Purposes of Supplementary Uninsured/Underinsured Motorists Coverage?

SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORISTS COVERAGE – INTENTIONAL ACTS – "ACCIDENT"Matter of Progressive Advanced Ins. Co. (Widdecombe)(3rd Dept., decided 1/4/2018)You heard and paid attention to those Friends Don't Let Friends Drive Drunk ads.  You (Widdecombe) try to stop your friend (Germain) from driving drunk by following your staggering friend out the bar, sticking your foot in your friend's open car door and reaching for the ignition keys.  Undeterred and undaunted, your friend  screams that he's going to cut your leg off, starts his car, begins to drive off, trapping your foot, and drags you 20 feet, injuring your leg.  In addition to being not sober your friend was not insured, so you make a supplementary uninsured motorist (SUM) coverage claim to your own auto insurer.  What does your SUM insurer do?Progressive disclaimed SUM coverage to its insured, Widdecombe, and commenced this special…

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