Chasteen v. Hastings Mutual Insurance Company et al
| Vicki Chasteen |
| Hastings Mutual Insurance Company, Steven Milanowski and Progressive Direct Insurance Company |
| Progressive Direct Insurance Company |
| Steven Milanowski |
| 6:2014cv00204 |
| October 14, 2014 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| Rockcastle |
| Karen K. Caldwell |
| Motor Vehicle |
| 28 U.S.C. ยง 1441 |
| Both |
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Filing
51
OPINION AND ORDER: IT IS ORDERED as follows: 1) Progressive's Motion to Not Participate at trial [DE 31] is GRANTED. It is further ordered that: i) Progressive shall not actively participate in the trial of this case, but all part ies shall be bound by the jury verdict, as to apportionment of fault and the amount of damages, subject to all proper post-trial motions or appeals and to the extent of the terms, conditions and limits of Progressive's underinsured motorist cove rage; ii) Progressive shall not be required to comply with any pre-trial deadlines imposed by the Court concerning the underlying claims; iii) Progressive shall not be identified or mentioned to the jury as a Defendant in this case; iv) No identifica tion or disclosure shall be made in the presence of the jury by any party, witness, or counsel as to the existence or identity of Progressive, nor shall any references be made to the existence of underinsured motorist coverage in any manner; v) In th e event there is an offer of settlement by the other Defendants, and Progressive chooses to preserve its subrogation rights via the procedure set forth in Coots v. Allstate Ins. Co., 853 S.W. 2d 895 (Ky. 193), then Progressive shall be identif ied as a Defendant and shall be permitted to actively participate at trial pursuant to Earle v. Cobb, 156 S.W. 3d 257 (Ky. 2004); 2) Humana's Motion to Intervene [DE 44] is GRANTED and the Clerk of the Court is DIRECTED to file Humana's proposed intervening Complaint [DE 44, Exhibit 1] in the record. Signed by Judge Karen K. Caldwell on 11/30/2015. (RC)cc: COR
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