Date: 07-14-2015

Case Style: Mary Yvonne Kelly v. Progressive Northern Insurance Company

Case Number: CJ-2015-209

Judge: Stephen R. Kistler

Court: District Court, Payne County, Oklahoma

Plaintiff's Attorney: James Von Murry

Defendant's Attorney: David Goeres and Rad Roberson

Description: Stillwater, OK - Mary Yvonne Kelly sued Progressive Northern Insurance Company claiming:

1. Defendant is a foreign insurance carrier licensed to do business in the State of Oklahoma.
2. On or around January 29, 2014, Sean Michael Kelly was fatally injured in an automobile accident in Payne County, State of Oklahoma. Sean Michael Kelly passed away on January 30, 2014.
3. Plaintiff was appointed Personal Representative on June 17, 2014.
4. As a result of said accident, Sean Michael Kelly suffered medical expenses, as well as physical and emotional pain and suffering. Additionally, Plaintiff is entitled to pursue damages for wrongful death.
5. Pursuant to 12 O.S. 141, venue is proper in Payne County.
6. Pursuant to 12 O.S. § 2004(F), this Court has proper subject matter jurisdiction.
7. The injuries and damages complained of, above, were caused and/or are attributable to the alleged negligence of a third party.
8. At the time of the accident, Sean Michael Kelly had a policy of insurance for a 1986 Winnebago LeSharo Mini Motorhome, Policy No. 15284544-1 (“the Progressive Policy”).
9. The Progressive Policy included uninsured/underinsured motorist (“TJMIUIM”) coverage.
10. After the accident, Plaintiff presented a claim for UM/IJIM benefits to Progressive.
11. Progressive maintains no coverage exists under Policy No. 15284544-I, and instituted
a Declaratory Judgment Action in the United States District Court for the Western District of
Oklahoma, styled Progressive Northern Insurance Company v. Maiy Kelly, Individually and as the
Personal Representative of the Estate of Sean Kelly, Case No. 1 4-CV- 1 230-HE (“the Declaratory
Judgment Action”).

Outcome: ORDER APPROVING SETFLEMENT
NOW on this 18th day of June, 2015, this cause comes on before The Honorable
Stephen Kistler, the undersigned Judge of the District Court, in and for Payne County, State of
Oklahoma, pursuant to the agreement of all parties. The Plaintiff, Mary Kelly, as Personal
Representative of the Estate of Sean Michael Kelly, deceased, appearing by and through her counsel
of record, James V. Murray, and Defendant, Progressive Northern Insurance Company
(“Progressive”), appearing by and through its counsel of record, Dawn M. Goeres of PIGNATO, COOPER, KOLKER & ROBERSON, P.C.,
It was thereupon stated to the court by the parties that they have settled and resolved the disputed claim for uninsured/underinsured motorist (“UMfLITM”) benefits presented to Progressive by Plaintiff. Though Progressive maintains no coverage exists under Policy No. 15284544-1 to respond to the claim for UMIUIM benefits presented to it by Plaintiff, Progressive has agreed to resolve and settle this disputed claim by payment to Plaintiff, Mary Kelly, Individually and as Personal Representative of the Estate of Sean Michael Kelly, deceased, of the total sum of Forty Five Thousand Dollars ($45,000.00).
Whereupon, the court proceeded to hear the evidence of witnesses. The court finds that the
settlement is in the best interest of the Plaintiff, Mary Kelly, as Personal Representative of the Estate of Sean Michael Kelly, deceased, should be approved.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the court that the Plaintiff, Mary Kelly, as Personal Representative of the Estate of Sean Michael Kelly, deceased, is awarded the total sum of Forty Five Thousand Dollars ($45,000.00). This distribution is in the best interest of the Plaintiff, Mary Kelly, as Personal Representative of the Estate of Sean Michael Kelly, deceased, and is approved. The distribution funds should be distributed as follows:
1. $9,372.00 Payable to the Bank of Cushing;
2. $628.00 Payable to Warren Clinic;
3. $ 18,000.00 Payable to James V. Murray; and
4. $ 17,000.00 Plaintiff, Mary Kelly, Individually and as Personal Representative
of the estate of Sean Kelly.
IT IS ALSO ORDERED, ADJUDGED AND DECREED that payment to the Bank of Cushing in the amount set forth above represents partial payment of the amount owed to them on behalf of the Estate of Sean Michael Kelly, the balance of which remains due and owing along with accruing interest and associated costs all per the applicable loan documents. The Bank of Cushing has no cause of action against Progressive for any additional amounts owed to it by the Estate of Sean Michael Kelly, and Progressive owes no debt or duty to the Bank of Cushing, as it has issued a check payable directly to the Bank of Cushing at the request of Plaintiff. Furthermore, Plaintiff reserves all other claims against all other parties in case CJ-2014-412 in Payne County, Oklahoma and Plaintiff is only releasing Progressive Northern Insurance Company in the case at bar.

Plaintiff's Experts:

Defendant's Experts:

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