Progressive sued for ignoring future surgeries in UIM claim
Progressive Insurance faces allegations in federal court after the company declined to include future surgical costs when calculating a $500,000 underinsured motorist settlement for accident victims. Idalia Bernal and John Pankratz filed the lawsuit in Pennsylvania’s Eastern District following a May 2023 pedestrian collision that left Bernal with severe injuries requiring multiple operations.
The couple received $25,000 per person from the driver’s carrier before seeking benefits under their Progressive policy. The insurer offered $275,000 for Bernal despite medical documentation showing the need for additional procedures. Pennsylvania law permits compensation for reasonably certain future medical expenses when juries evaluate damages.
The plaintiffs accuse Progressive of bad faith and seek punitive damages under state statutes. Bernal’s medical expenses exceeded $300,000 at the time of filing, with costs expected to rise as treatment continues.
