This case was last updated from PACER on 09/09/2021 at 08:40:29 (UTC).

Progressive Express Insurance Company v. USA Transporters, LLC et al

Case Summary

On September 8, 2021, Progressive Express Insurance Company (“Progressive Express” or “Plaintiff”), represented by Patrick M. Howe of Patrick Howe Law APC, filed an insurance lawsuit against USA Transporters, LLC, E.S. Harris Group, Inc., Alfredo Corona Pineda and Ors. (collectively, “Defendants”), seeking declaratory relief along with costs incurred for the alleged controversy between the plaintiff and each of the defendants. This case was filed in the U.S. District Court in the Central District of California.

 

In the complaint the plaintiff alleged that, “Progressive Express is an insurance company. On March 30, 2019, Progressive Express insured USA Transporters, LLC under commercial auto insurance policy no. 07938383-0 (the “Progressive Express policy”). On March 30, 2019, the Progressive Express policy scheduled two autos on the declarations page of the policy, a 2016 Freightliner tractor truck with VIN ending 9452 and any non-owned trailer attached to such tractor truck. The Commercial Auto Coverage form of the Progressive Express policy contained an insuring agreement, exclusions to coverage, conditions, and definitions of defined terms used in the policy.”

 

The plaintiff further alleged that, “On March 30, 2019, Alfredo Corona Pineda was operating a 2012 Freightliner tractor truck with VIN ending 2644 on northbound Interstate 5 in Modesto, California. While Alfredo Corona Pineda was so operating the 2012 Freightliner tractor truck and attached trailer, the vehicles caught on fire (the “incident”). At the time of the incident, the 2012 Freightliner tractor truck and attached trailer were transporting cargo owned by Amazon.com, Inc. The 2012 Freightliner tractor truck involved in the incident was not an “insured auto” as defined in the Progressive Express policy. The 2019 trailer involved in the incident was not an “insured auto” as defined in the Progressive Express policy. USA Transporters, LLC did not own the 2012 Freightliner tractor truck at the time of the incident.”

 

The plaintiff also alleged that, “USA Transporters, LLC did not own the 2019 trailer at the time of the incident. In the state court action, E.S. Harris Group, Inc. dba E. Towing does not allege that Amazon.com, Inc. is liable for the acts or omissions of USA Transporters, LLC. At the time of the incident, the 2012 Freightliner truck tractor and the 2019 trailer were being used in connection with USA Transporters, LLC’s business. At the time of the incident the Amazon.com, Inc. cargo was in Alfredo Corona Pineda’s care, custody, or control. At the time of the incident, the Amazon.com, Inc. cargo was not in USA Transporters, LLC’s exclusive physical custody and control. At the time of the incident, the Amazon.com, Inc. cargo was not in, on, or attached to an “insured auto” as defined in the Progressive Express policy.”

 

There are two claims for relief laid down by the plaintiff. The first claim for relief deals with declaratory relief on duty to indemnify and the second claim for relief is for declaratory relief on a duty to defend.

 

In its prayer for relief the plaintiff has requested the court for a judicial declaration that Progressive Express has no obligation under the Progressive Express policy to indemnify or defend USA Transporters, LLC, Amazon.com., Inc., or any other person against the claims made in the state court action or otherwise arising out of the incident and for costs of suit incurred herein along with such further relief the court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-01531

  • Filing Date:

    09/08/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

 

Party Details

Plaintiff

Progressive Express Insurance Company

Defendants

USA Transporters, LLC

E.S. Harris Group, Inc. dba E. Towing

Alfredo Corona Pineda

ACP Transport

Amazon.com, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Patrick M Howe

Attorney at Patrick Howe Law APC

402 West Broadway Suite 1025

San Diego, CA 92101

 

Court Documents

#4

(#4) CERTIFICATE of Interested Parties filed by plaintiff Progressive Express Insurance Company, identifying Progressive Commercial Holdings, Inc.. (Howe, Patrick) (Entered: 09/08/2021)

#3

(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Progressive Express Insurance Company. (Howe, Patrick) (Entered: 09/08/2021)

#2

(#2) CIVIL COVER SHEET filed by Plaintiff Progressive Express Insurance Company. (Howe, Patrick) (Entered: 09/08/2021)

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

1 #1

Main Document

 

Docket Entries

  • 09/08/2021
  • View Court Documents
  • Docket(#4) CERTIFICATE of Interested Parties filed by plaintiff Progressive Express Insurance Company, identifying Progressive Commercial Holdings, Inc.. (Howe, Patrick) (Entered: 09/08/2021)

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  • 09/08/2021
  • View Court Documents
  • Docket(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Progressive Express Insurance Company. (Howe, Patrick) (Entered: 09/08/2021)

    Read MoreRead Less
  • 09/08/2021
  • View Court Documents
  • Docket(#2) CIVIL COVER SHEET filed by Plaintiff Progressive Express Insurance Company. (Howe, Patrick) (Entered: 09/08/2021)

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  • 09/08/2021
  • View Court Documents
  • Docket(#1) COMPLAINT Receipt No: ACACDC-31944927 - Fee: $402, filed by plaintiff Progressive Express Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Attorney Patrick M Howe added to party Progressive Express Insurance Company(pty:pla))(Howe, Patrick) (Entered: 09/08/2021)

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