Progressive challenges duty to cover fatal Florida trucking crash

Progressive Challenges Duty to Cover Fatal Florida Trucking Crash in Federal Court

Miami, FL – August 22, 2025 – Progressive Express Insurance Company has filed a lawsuit in federal court to determine whether it is obligated to cover claims related to a fatal trucking accident that occurred on February 19, 2024, in Glades County, Florida. The case, detailed in a complaint reported by Insurance Business America, involves a collision between a 2009 Freightliner tractor driven by Ramon Camejo and a car carrying Ramesh S. Maharaj and Kamin H. Maharaj, resulting in Kamin’s death. Progressive’s filing seeks a judicial ruling on its duty to defend or indemnify Lee Timber Company, Inc., DTA Trucking, LLC, and Camejo, arguing that the vehicles involved do not qualify as “insured autos” under its policy.

Details of the Accident and Lawsuit

The accident occurred when Camejo, described as an employee or agent of DTA Trucking, was driving a tractor pulling a 1997 logging trailer owned or leased by Lee Timber. The truck collided with a car driven by Ramesh S. Maharaj, with Kamin H. Maharaj as a passenger, leading to Kamin’s death. The Maharaj family filed a state court lawsuit in Florida’s 20th Judicial Circuit Court, alleging Lee Timber was negligent in maintaining the trailer and in hiring, training, and supervising Camejo, who they claim drove carelessly and failed to maintain a proper lookout.

Progressive is currently defending Lee Timber under a reservation of rights, meaning it is providing legal defense while reserving the right to contest coverage. The insurer argues in its federal complaint that neither the tractor nor the trailer qualifies as an “insured auto” under its commercial auto policy, and the accident did not arise from the “ownership, maintenance, or use” of an insured vehicle. Progressive seeks a declaratory judgment to clarify its obligations, requesting the court to rule that it has no duty to defend or indemnify any party in the underlying lawsuit, as well as to cover its legal costs.

Legal and Industry Context

The case highlights the complexities of commercial auto insurance policies, particularly the definition of “insured autos” and coverage scope. Progressive’s stance hinges on policy language, which it claims excludes the vehicles involved, a common issue in trucking litigation, as noted in Insurance Business America. The underlying state lawsuit’s allegations of negligence in maintenance and driver oversight underscore broader industry concerns about carrier liability, especially following high-profile accidents like the August 12, 2025, Florida Turnpike crash that killed three, which exposed gaps in driver licensing and training, per FreightWaves.

Progressive’s claims process, as outlined by Zinda Law Group, often involves rigorous investigations, including police reports, witness statements, and black box data analysis, to determine liability. In this case, the insurer’s reservation of rights suggests skepticism about its liability, potentially due to exclusions in the policy or disputes over whether Camejo’s actions fall within covered activities. The outcome of the federal case could set a precedent for how insurers interpret commercial policy terms, particularly in accidents involving leased or third-party vehicles.

Broader Implications

The lawsuit comes amid heightened scrutiny of trucking safety and insurance practices in Florida, where highways like I-95 and the Turnpike are hotspots for accidents, per Lama Law Group. Progressive’s challenge reflects a broader trend of insurers seeking to limit exposure in high-stakes claims, as seen in its low initial settlement offers and blame-shifting tactics, according to Zinda Law Group. The case also parallels recent federal investigations into Florida trucking accidents, such as the FMCSA’s probe into a fatal U-turn crash, which uncovered CDL violations, per TruckingInfo.com.

For the Maharaj family, the state lawsuit seeks compensation for wrongful death, with potential damages including medical expenses, lost income, and pain and suffering, as outlined in The Reyes Firm. Florida’s two-year statute of limitations for such claims, per SlaterGrant.com, adds urgency to resolving coverage disputes. Progressive’s federal action could delay or complicate the family’s recovery, as the insurer’s refusal to indemnify may shift financial burdens to Lee Timber or DTA Trucking.

Conclusion

Progressive’s federal lawsuit to avoid coverage for the February 2024 fatal trucking crash in Florida underscores the contentious nature of commercial auto insurance disputes. By arguing that the vehicles involved are not covered under its policy, Progressive aims to limit its liability, a move that could influence how similar cases are handled in the insurance industry. The court’s ruling will be closely watched, as it may clarify the scope of insurer obligations in complex trucking accidents, impacting both policyholders and victims seeking justice.

For more details, visit InsuranceBusinessMag.com.

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