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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,
v.
PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

          ORDER

          VIRGINIA M. HERNANDEZ COVINGTON UNITED STATES DISTRICT JUDGE.

         This 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.

         I. Background

         Jones 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 permanently attached:
(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 following types:
(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 lower workers.
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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