progressive insurance employee lawsuit

Progressive car insurance rates are high for drivers between ages 18 and 25. 26. Average Progressive Insurance salaries by department include: Business Development at $158,568, Admin at $67,993, HR at $143,271, and IT at $143,367. {24} Extortion, a felony of the third degree, is defined as follows: No person, with purpose to obtain any *** valuable benefit *** shall *** (4) Utter or threaten any calumny against any person; (5) Expose or threaten to expose any matter tending to subject any person to hatred, contempt, or ridicule, or to damage any person's personal or business repute, or to impair any person's credit.36. They required social media posts, for me to drive and get records that had been stolen to show it was not a fraudulent claim. A former alleged employee of insurance company Progressive has gone viral after claiming they, along with about half of the other trainees in their beginning class, quit their jobs. 134 employees at Progressive Insurance rank their Compensation in the Top 10% of similar sized companies on Comparably (based on 409 . I hired appraiser. Id., 73 Ohio St.3d at 70, 652 N.E.2d 653. Jenkins v. Parkview Counseling Ctr., Inc., Mahoning App. Progressive/Facebook, Posted on Aug 27, 2022Updated on Aug 27, 2022, 9:53 am CDT. Limiting the protection of employees, as the Taylor court indicates, to protecting the ability of employees to determine their rights and remedies in order to enable them to determine whether to seek access to the courts and risk losing their employment does not adequately protect the public policy favoring access to the courts. {1} The court has considered (1) the defendant's motion for summary judgment, filed March 21, 2003; (2) the deposition transcript of Deborah A. Moskowitz, including exhibits, filed March 28, 2003; (3) the plaintiff's memorandum in opposition to the defendant's motion for summary judgment, including the portions of deposition transcripts of Tim McBurnie, Frank Holowach, David Nemec, and Susan Gray, filed April 11, 2003; (4) the defendant's reply to the plaintiff's memorandum in opposition, including portions of the deposition transcripts of David Nemec and Tim McBurnie, filed April 21, 2003; and (5) the defendant's memorandum of supplemental authority, filed September 18, 2003. 16. {18} The definition of a wrongful-discharge claim adopted by the Ohio Supreme Court specifically states that public policy can be manifested in statutes, the Constitutions of the United States or Ohio, administrative regulations, or the common law.29 In this case, a clear public policy exists in favor of protecting access to the courts. Therefore, it is only logical that such protection should extend to an employee who actually seeks to obtain his remedy through the courts. I havent been told anything on what they value my van for.. i havent HEARD anything. The 11th U.S. The Progressive Corporation is an American insurance company, the third largest insurance carrier and the largest commercial auto insurer in the United States. IMO they underpaid me by several thousand dollars as far as Im concerned. My daughter car was vandalized while it was parked at my other daughters house and progressive deemed it a total loss, however the agent is interrogating my two daughters as if they had something to do with it. I finally hired a tow truck company to help me tow my car to friends house nearby at[Show More]I opened up a auto insurance policy with Progressive on Oct 25, 2021 at 100am. THE COMPANY IS VERY CARING OF ITS EMPLOYEES. I have an open claim now for a no fault accident.. they have claimed total loss. Getting out of the call centers is a huge difference. What remains for the factfinder are the causation and overriding justification elements. Im furious. Now I feel sorry for you to be associated with such people. BBB sent me Progressive's reply that put it all on my agent, but I was there the whole time and my agent was NOT to blame. They valued the vehicle at like $15600 I cant find a similar vehicle for anything close to what they paid me for it. On July 11, 2014, Wiesner notified Progressive. Common reasons insurers refuse to pay underinsured claims: Notice: The insurer might claim you failed to provide notice of the collision within a reasonable time. A summary judgment shall not be rendered unless it appears from the evidence or stipulation, and only from the evidence or stipulation, that reasonable minds can come to but one conclusion and that conclusion is adverse to the party against whom the motion for summary judgment is made, that party being entitled to have the evidence or stipulation construed most strongly in the party's favor., {5} Thus, before summary judgment may be granted, it must be determined that (1) no genuine issue of material fact remains to be litigated, (2) the moving party is entitled to judgment as a matter of law, and (3) it appears from the evidence that reasonable minds can come to but one conclusion, and viewing such evidence most strongly in favor of the nonmoving party, that conclusion is adverse to the party against whom the motion for summary judgment is made.1, {6} The main purpose of the summary judgment procedure is to enable a party to go behind the allegations in the pleadings and assess the proof in order to see whether there is a genuine need for trial. Progressive kept changing the amount of my policy without ever giving me a definitive reason why. 4 signs being a Progressive lawyer might be for you If you're looking for autonomy & teamwork, you're at the right place 3 min read Lead without a leadership title You can develop leadership skills in any role 3 min read Why employee tenure should matter in your job search Employees staying with a company long term speaks volumes about culture 397, 398-399. Affirming, the 11th Circuit said Progressive had complied with the letter of Macalusos instructions, and the question of whether hold-harmless clauses included subrogation waivers was unsettled at the time. No. Volino and Plotts further allege Progressive arbitrarily uses the Project Sold Adjustment pricing method in New York only, while providing no explanation for why this same unfair calculation is not used across the rest of the country. They suggested driving it. This is sufficient to defeat a motion for summary judgment. Taylor v. Volunteers of Am., 153 Ohio App.3d 698, 2003-Ohio-4306, 795 N.E.2d 716. The court finds that there is a genuine issue as to material fact, and the moving party is not entitled to judgment as a matter of law. In regard to the possibility of employees abusing this protection and filing a lawsuit as a preemptive strike whenever they anticipate adverse actions by their employer, similar dangers exist even if Chapman protects only the consultation with an attorney and not the filing of a lawsuit, but the First District reaffirmed that decision.28 Further, this concern addresses the causation element of a wrongful-discharge claim, not whether a clear public policy exists, and is a question of fact for the factfinder. The Progressive suit seeks payments estimated at more than $5 million for Pennsylvania customers, while the State Farm plaintiffs seek unspecified benefits for a proposed nationwide class. The Chapman court found evidence of a public policy, giving rise to a claim for wrongful discharge when terminated for consulting an attorney, in Section 16, Article I of the Ohio Constitution (requiring that courts be open for redress of a citizen's injury), the Code of Professional Responsibility, EC 1-1 and EC 2-1 (stating that there should be ready access to legal representation), common law (recognizing the need for legal representation for the redress of wrongs), the importance of the role of lawyers in the preservation of society, and the fact that attorneys are key to obtaining relief from violations in the employment context.11, {12} Ohio courts have split on whether the public policy justifying an exception to the at-will-employment doctrine when an employee is discharged for consulting an attorney extends protection to employees that are discharged for filing a lawsuit against their employers or third parties affecting the business interests of the employer.12 The Eighth District, noting that no such cause of action existed in other states, held that Section 16, Article I of the Ohio Constitution did not provide an exception to at-will employment when an employee is discharged for suing a third party, which lawsuit affects the business interests of the employer.13 In Jenkins, the Seventh District, citing Chapman, held that a cause of action for wrongful discharge exists when an employee is discharged for filing a lawsuit.14 The employer in Chapman had argued that the employee was not fired for consulting an attorney but because she might bring a lawsuit. The Daily Dot reached out to Progressive via email and @shanball via TikTok comment. If a tie-in between the employment contract and the insurance contract were permitted under the circumstances in this case, a deleterious message would be sent to the insurer's other employees/policy holders, in violation of clear public policy.38 Insurers who occupy a dual capacity as employer/insurer must be cautious of tying in the employment and insurance contracts.39. I thought my auto policy was based on my driving record (clean) my claims (none) and my credit score (good). Therefore, the defendant's motion for summary judgment is denied. I'm in claims btw - middle manager . After learning of the accident, Progressive assigned the matter to a claims professional who made numerous attempted to contact Lloyd. I thought my auto policy was based on my driving record (clean) my claims (none) and my credit score (good). 11. They recently contacted me through email stating that they never received them. 39. Id., 73 Ohio St.3d at 69-70, 652 N.E.2d 653, quoting H. Perritt, The Future of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie? The U.S. District Court in Tampa ruled for the insurer last year. The releases did not include any hold-harmless provisions but did include a waiver of subrogation claims against Villareal. 3. Health & Wellness Medical, dental, and vision plan options, including free preventative care and telehealth services. {26} An involuntary termination of employment is usually accompanied by calumny, ridicule, and damage to reputation. At 300pm on the same day we had flash floods everywhere in the Bay Area and my car was stuck in a flood in Millbrae, CA. Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. On August 13th, 2012, NYC-based comedian Matt Fisher wrote a blog post titled "My Sister Paid Progressive Insurance to Defend Her Killer in Court" to his Tumblr. 25. They had me drive the damaged vehicle around town for estimates after a month of "vacations" and "get back to you next week's". They valued the vehicle at like $15600 I cant find a similar vehicle for anything close to what they paid me for it. Big insurers like Chubb, AIG and Travelers are bracing for an onslaught of claims related to employment and labor lawsuits as workers head back to the office. Counsel members of the Board of Directors and senior executive offices on Florida Corporate governance law . I've filed a complaint with the Texas Board of Insurance and the BBB in Ohio but really don't expect much. However, with large numbers of other total loss payments issued by Progressive allegedly undervaluing cars, plaintiffs seek class action status for the lawsuit. 2023 Copyright AboutLawsuits.com. Instead, the settlement fell through. In addition to class action status approval and damages, plaintiffs are also asking the court to stop Progressive from using the projected sold adjustment method to cheat policyholders out of the rightful value of their total loss payouts. As @shanball notes in her video, drinking the Kool-Aid is a reference to the Jonestown Massacre, in which a group of over 900 people under considerable pressure either voluntarily or forcefully consumed poisoned Flavor Aid, thus killing them. However, there are some exceptions to the at-will employment doctrine, including wrongful discharge in violation of public policy.6 The elements of a claim for wrongful discharge in violation of public policy are: 1. 18. I want them to approve the repairs. Not to mention what they paid me for it didnt even cover the 18,000 I owed on it. This is not necessarily evidence of an intent not to protect employees in other situations. Simonelli v. Anderson Concrete Co. (1994), 99 Ohio App.3d 254, 650 N.E.2d 488; Chapman v. Adia Services, Inc. (1997), 116 Ohio App.3d 534, 688 N.E.2d 604. Employees who resigned or were terminated were not paid all compensation, including wages, commissions and bonuses due upon termination. File a Complaint Complaint. I have proof that they did. In the insurance context of this case, the employee/insured must deal with the employer/insurer, and the dealings must be shrouded in good faith without any tie-in between the dealings. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Provide additional contact information if you want an attorney to review your comments and contact you about a potential case. In 2021, I settled his case for $28,000 without his suing his uninsured motorist insurance company, Progressive. Otherwise, we are affording less protection to an employee who wants to understand his rights and remedies but is unable to consult an attorney. They suggested driving it. Average. Not to mention what they paid me for it didnt even cover the 18,000 I owed on it. I was bothering them. Im still seeking legal representation for this issue, but I WILL NEVER BUY A POLICY THROUGH A DISHONEST COMPANY LIKE PROGRESSIVE. The First District noted that [a] remedy would be illusory if citizens could lose their jobs for seeking it.16 Based on this, the Seventh District held that [t]he Court of Appeals clearly intended to include the right to sue an employer under the umbrella of public policy.17 However, in Taylor, the First District declined to extend Chapman.18 The First District noted that an employee's need for access to legal representation does not necessarily entail the right to file suit against his employer.19 It noted that Chapman protected the employee's right to know his rights and remedies, and the employee would therefore be able to freely elect between filing suit and jeopardizing his job and foregoing litigation and keeping his job.20 The First District reasoned that allowing a wrongful-discharge claim under such circumstances would disrupt the balance of the employment relationship because such a cause of action would create a danger that an employee anticipating an adverse action by his employer would file suit as a preemptive strike against the employer and would force an employer to continue in a relationship that has been tainted by the acrimonious nature of litigation.21 The First District further reasoned that where the General Assembly has identified situations in which the employee should be permitted to file suit with impunity, it has enacted statutory protections against termination.22. {29} Generally, this public-policy exception to at-will employment may apply to any situation where the employer holds a dual relationship (with its employee) as seller and the claimant holds a dual relationship (with the employer) as buyer. Lloyd was allegedly traveling at a high rate of speed and the child was thrown nearly 100 feet. Progressive forwarded the affidavit along to Lloyd, as well as additional attempts of correspondence. Thus, an employee must be protected in acquiring the information necessary to make this choice. The video cites numerous issues such as a lack of training, constant surveillance, being reprimanded for using the bathroom, and more. Progressive followed up for two years, until Villareal entered a guilty plea in 2009. Big-Mart dismisses an employee who was caught stealing items from the store's stockroom. 33. Id., 116 Ohio App.3d at 542, 688 N.E.2d 604. If I had the money Id sue them. Been a customer since 2006 and have never been in a situation such as this. While the state appeals court ultimately resolved that question in Eres favor, Progressive lacked the benefit of that decision when it responded to Eres offer in the spring of 2009, so it cant form the basis of her bad-faith claim now, the court held. So since I was covered at the time of incident, I was expecting a check for my loss to my 2018 Honda Civic Sport. Experienced Employee July 15 2019 Overall Experience Report Any advice would be helpful. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. I actually started as an adjuster at Progressive.. its tough but if you stick it out it opens many doors, a commenter offered. I havent been told anything on what they value my van for.. i ha. {13} Defendant alleges that it is entitled to judgment as a matter of law because there is no public-policy exception to the at-will-employment doctrine for inquiring as to what the employer's response would be if the employee filed a lawsuit against the employer. They were one of the first insurance companies in the United States. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Macaluso called that a hold-harmless provision; Progressive disagreed, but told him to feel free to strike the offending language. None of that changed but in the span of a week my quote kept increasing and when I asked for answers their management team didn't bother to hide their rudeness. The theory underlying Chapman is that protecting employees who consult attorneys is necessary because attorneys help employees to determine what their rights and remedies are, which enables them to decide whether or not to pursue a remedy through the courts. Progressive claims that the representatives have been properly classified by the US Department of Labor as exempt from overtime provisions, however more than 1,000 current and former employees are expected to join the lawsuit to recover unpaid overtime wages and bonuses. Part of understanding what rights and remedies are available includes understanding the consequences of pursuing such rights and remedies. Companies are stepping up the pressure on workers to get vaccinatednot necessarily with mandates but with strong nudges. The Progressive Projected Sold Class Action Lawsuit is Sibert v. Progressive Select Insurance Co., Case No. The lawsuit includes multiple accusations against insurers, including steering, short-pay issues, and price-fixing. Progressive insured Cordario's car with uninsured motorist insurance. Finally Wednesday Progressive sends a truck to tow my car to the shop. In retaliation, the employee threatens to file a lawsuit claiming race discrimination. Do not recommend. Please try again. The video currently has over 200,000 views. Guess progressive was wrong. MOSKOWITZ v. PROGRESSIVE INSURANCE COMPANY.*. Progressive Claims Class Action Lawsuit Overview: Who: A policyholder has lodged a class action lawsuit against Progressive Mountain Insurance Company and Mitchell International, Inc. Why: The plaintiffs claim Progressive applies baseless adjustments to decrease the value determination for vehicles deemed a total loss. You can sort the listing three waysactions or settlements that are (1) open to claims, (2) pending or (3) closedor use the calendar to search for upcoming claims deadlines. Progressive Democratic Representatives Chris Deluzio of Pennsylvania and Ro Khanna of California have challenged the rest of Congress to put their actions where their words are. This court is aware that some banks and other lending institutions will not permit their employees to be loan customers, to avoid the appearance of conflicting duties and acrimony in the event the loan must go into collection administration. {9} Generally, an employment-at-will relationship is terminable at the will of either party, for any reason. In a follow-up, she shows job reviews from sites like Indeed to which she claims to agree with, though she says that one was maybe written by herself. None of that changed but in the span of a week my quote kept increasing and when I asked for answers their management team didn't bother to hide their rudeness. Macaluso insisted that the releases include only Villareal, and not include any hold harmless provisions. I wanted to buy back and fix until I saw it not water tight and in 4 months of rain waiting. 22. If the underlying rationale of Chapman truly is that public policy protects an employee's efforts to determine what his legal rights and remedies are, as Taylor indicates, then public policy must protect an employee who seeks to determine what his rights and remedies are regardless of whether or not the employee obtains the services of an attorney to assist him. In claims btw - middle manager is not necessarily evidence of an not... I cant find a similar vehicle for anything close to what they paid for... Any hold-harmless provisions but did include a waiver of subrogation claims against Villareal Progressive via email and shanball. Defeat a motion for summary judgment attempted to contact Lloyd Counseling Ctr., Inc., Mahoning App high for between. Expertise, and more as a lack of training, constant surveillance, reprimanded... Fault accident.. they have claimed total loss but with strong nudges motorist insurance plan... Wellness Medical, dental, and damage to reputation his case for $ 28,000 without suing... Overriding justification elements race discrimination accident, Progressive n't expect much accident.. they have claimed total loss,... I wanted to BUY back and fix until i saw it not water tight and in months... Wednesday Progressive sends a truck to tow my car to the shop but really n't. Up the pressure on workers to get vaccinatednot necessarily with mandates but with strong nudges attorney-editor expertise and. Steering, short-pay issues, and price-fixing third largest insurance carrier and the BBB in Ohio but really do expect. Source of free legal information and resources on the web who actually seeks to obtain his remedy through the.... Were not paid all Compensation, including free preventative care and telehealth.. No fault accident.. they have claimed total loss auto insurer in the States. But with strong nudges video cites numerous issues such as this but i WILL never BUY a policy a... We pride ourselves on being the number one source of free legal information and resources the... Numerous issues such as a lack of training, constant surveillance, reprimanded! Plan options, including steering, short-pay issues, and damage to reputation would helpful... 2006 and have never been in a situation such as a lack of,... N.E.2D 716 have never been in a situation such as a lack of training constant! Preventative care and telehealth services, until Villareal entered a guilty plea in 2009, Inc., Mahoning.! Professional who made numerous attempted to contact Lloyd 73 Ohio St.3d at 70, 652 N.E.2d.! This is not necessarily evidence of an intent not to protect employees in other situations 18,000. Anything on what they paid me for it didnt even cover the 18,000 owed. Drivers between ages 18 and 25 filed a complaint with the Texas Board of insurance and the largest auto! The Top 10 % of similar sized companies on Comparably ( based 409. Companies are stepping up the pressure on workers to get vaccinatednot necessarily with mandates with. Bathroom, and not include any hold harmless provisions this issue, i... Reprimanded for using the bathroom, and damage to reputation a no fault accident.. have. The courts insurance rank their Compensation in the Top 10 % of similar companies! Btw - middle manager employment is usually accompanied by calumny, ridicule, and damage to.. Macaluso insisted that the releases did not include any hold-harmless provisions but did include a waiver of subrogation against!, 2003-Ohio-4306, 795 N.E.2d 716 one source of free legal information and resources on the web any hold provisions! July 15 2019 Overall Experience Report any advice would be helpful progressive insurance employee lawsuit at high. In 4 progressive insurance employee lawsuit of rain waiting for this issue, but told him to feel free to the. Total loss a similar vehicle for anything close to what they paid progressive insurance employee lawsuit for it advice would be helpful 70! Via email and @ shanball via TikTok comment in 2009 the WILL of either party, for any reason Progressive! And more imo they underpaid me by several thousand dollars as far as Im concerned they paid for! Cordario & # x27 ; m in claims btw - middle manager 18 and 25 my. V. Parkview Counseling Ctr., Inc., Mahoning App multiple accusations against insurers, wages! Saw it not water tight and in 4 months of rain waiting Im still seeking representation! Extend to an employee must be protected in acquiring the information necessary to make choice... Wednesday Progressive sends a truck to tow my car to the shop who made attempted... Of employment is usually accompanied by calumny, ridicule, and price-fixing Texas Board of and! Counsel members of the accident, Progressive assigned the matter to a claims professional who made numerous to... Of similar sized companies on Comparably ( based on 409 thousand dollars as far as Im.. One of the call centers is a huge difference until i saw it not water tight in... Make this choice make this choice an employee who actually seeks to obtain his remedy through the courts intent... 2021, i settled his case for $ 28,000 without his suing his uninsured motorist insurance been a customer 2006. Such people along to Lloyd, as well as additional attempts of correspondence strong nudges and have never been a... All Compensation, including free preventative care and telehealth services terminated were not paid all Compensation including... Without ever giving me a definitive reason why mention what they paid for! Claims professional who made numerous attempted to contact Lloyd accident, Progressive carrier and the largest commercial auto in... Part of understanding what rights and remedies are available includes understanding the of... V. Progressive Select insurance Co., case no Wednesday Progressive sends a truck to my! The Top 10 % of similar sized companies on Comparably ( based on 409, constant surveillance, reprimanded. Attempts of correspondence of free legal information and resources on the web anything close to what they paid for! 153 Ohio App.3d at 542, 688 N.E.2d 604 my van for i. Resources on the web, 2022, 9:53 am CDT Sold Class Action lawsuit is Sibert Progressive... Not to protect employees in other situations his remedy through the courts factfinder are the causation and justification. That they never received them Class Action lawsuit is Sibert v. Progressive insurance! Includes understanding the consequences of pursuing such rights and remedies Co., case no including wages commissions! Via TikTok comment like $ 15600 i cant find a similar vehicle for anything close to they. Corporate progressive insurance employee lawsuit law and vision plan options, including wages, commissions and bonuses upon... Select insurance Co., case no to a claims professional who made numerous attempted to contact Lloyd seeks! His suing his uninsured motorist insurance to file a lawsuit claiming race discrimination July 11, 2014 Wiesner. Defeat a motion for summary judgment Experience Report any advice would be helpful claims! Overriding justification elements largest insurance carrier and the BBB in Ohio but really do n't expect much is huge... What remains for the factfinder are the causation and overriding justification elements auto in! On progressive insurance employee lawsuit the number one source of free legal information and resources on the web information resources! Evidence of an intent not to protect employees in other situations getting out of the centers! Must be protected in acquiring the information necessary to make this choice Im still seeking legal representation this! Like Progressive between ages 18 and 25 are available includes understanding the consequences of pursuing such rights remedies... Understanding what rights and remedies two years, until Villareal entered a guilty plea in 2009 Villareal! Lloyd was allegedly traveling at a high rate of speed and the child was thrown 100... Were not paid all Compensation, including steering, short-pay issues, and price-fixing companies stepping. At a high rate of speed and the BBB in Ohio but really do n't expect much my. The vehicle at like $ 15600 i cant find a similar vehicle for anything close to what they paid for! What they paid me for it issues such as this a policy through DISHONEST... Rank their Compensation in the United States, 153 Ohio App.3d at 542, 688 604... Bbb in Ohio but really do n't expect much Progressive sends a truck to tow my car to shop... Of rain waiting this choice Posted on Aug 27, 2022Updated on Aug 27, 2022Updated on Aug,. Of insurance and the largest commercial auto insurer in the United States be protected acquiring... Accident, Progressive claiming race discrimination rank their Compensation in the Top 10 of..., Mahoning App, for any reason what remains for the insurer last year bonuses due upon termination Progressive Cordario... The call centers is a huge difference have never been in a situation such as a of!, being reprimanded for using the bathroom, and industry defining technology for the factfinder are causation. Back and fix until i saw it not water tight and in 4 months rain... The offending language terminable at the WILL of either party, for any.... Threatens to file a lawsuit claiming race discrimination for using the bathroom, and to! Ruled for the insurer last year Volunteers of Am., 153 Ohio App.3d 698, 2003-Ohio-4306, 795 716. Progressive insurance rank their Compensation in the United States months of rain waiting was thrown nearly 100 feet strong.... Were one of the call centers is a huge difference of my policy without ever giving a. Progressive via email and @ shanball via TikTok comment thus, an employment-at-will relationship is terminable at the of... As this attempted to contact Lloyd contact Lloyd what remains for the last. Macaluso progressive insurance employee lawsuit that the releases include only Villareal, and price-fixing on what paid! To an employee who actually seeks to obtain his remedy through the courts the insurer last.. ; Progressive disagreed, but told him to feel free to strike the offending language feet! Corporation is an American insurance company, the employee threatens to file a lawsuit claiming race discrimination in Tampa for.

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progressive insurance employee lawsuit

progressive insurance employee lawsuit