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Jones v. Progressive Express Insurance Co.
United States District Court, M.D. Florida, Tampa Division
May 9, 2017
CALEB TODD JONES, Plaintiff,
PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.
VIRGINIA M. HERNANDEZ COVINGTON UNITED STATES DISTRICT JUDGE.
matter comes before the Court upon consideration of Plaintiff
Caleb Todd Jones's Motion for Partial Summary Judgment
(Doc. # 20), filed on March 14, 2017. Defendant Progressive
Express Insurance Company filed its response in opposition on
April 17, 2017. (Doc. # 28). Jones filed his reply on May 1,
2017. (Doc. # 32). The Motion is denied.
was operating a Graco Line Driver HD in the course of his
employment when an uninsured motorist struck him. (Doc. # 20
at ¶ 1); (Doc. # 28 at 4). The Graco Line Driver HD is a
ride-on system that is attached to road-striping machines in
order to push or pull the road-striping machine. (Doc. # 20-1
at 3). The machine was owned by Jones's employer (Doc. #
20 at ¶ 1); (Doc. # 28 at 4), who held an insurance
policy through Progressive (Doc. # 35-1 at 73-148). The
policy at issue read in part:
“Auto” means a land motor vehicle or trailer
designed for travel on public roads, or any other land
vehicle that is subject to a compulsory or financial
responsibility law or other motor vehicle insurance law in
the state or province where it is licensed or principally
garaged. It does not include mobile equipment.
. . . .
“Mobile equipment” means any of the following
types of land vehicles including, but not limited to, any
attached machinery or equipment:
a. Bulldozers, farm implements and machinery, forklifts and
other vehicles designed for use principally off public roads;
b. Vehicles you use solely on premises you own or rent and on
accesses to public roads from these premises, unless
specifically described on the declarations page and not
defined as mobile equipment under other parts of this
definition; c. Any vehicle that travels on crawler treads, or
that does not require licensing in the state in which you
live or your business is licensed; d. Vehicles, whether
self-propelled or not, used primarily to provide mobility to
(i) Power cranes, shovels, loaders, diggers or drills; or
(ii) Road construction or resurfacing equipment such as
graders, scrapers or rollers.
e. Vehicles not described in Paragraphs a., b., c., or d.
above that are not self-propelled and are used primarily to
provide mobility to permanently attached equipment of the
(i) Air compressors, pumps and generators, including
spraying, welding, building cleaning, geophysical
exploration, lighting and well-servicing equipment; or
(ii) Cherry pickers and similar devices used to raise or
f. Vehicles not described in Paragraphs a., b., c., or d.
above that are self-propelled and used primarily for purposes
other than ...
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