Progressive sued over refusal to cover future surgeries
Progressive Insurance faces federal court action in Pennsylvania’s Eastern District after allegedly refusing to account for future medical procedures when assessing a $500,000 underinsured motorist claim. Idalia Bernal and John Pankratz filed the lawsuit following a May 2023 pedestrian accident in Pittsburgh that left Bernal with multiple fractures and injuries requiring extensive treatment.
The couple received $25,000 per person from the driver’s carrier before seeking underinsured motorist benefits under their Progressive policy. Progressive adjuster Lauren Gieseler offered $155,000 for Bernal and $22,000 for Pankratz on Aug. 1, 2024, later stating the company cannot evaluate surgeries until they occur.
Bernal’s orthopedic surgeon documented the need for additional operations, but Progressive raised its offer to just $275,000 by July 2025. The plaintiffs argue that Pennsylvania law permits compensation for reasonably certain future medical expenses. They seek damages for breach of contract, bad faith, and attorney fees under state statutes.
