McKinley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

PROGRESSIVE SELECT INSURANCE

COMPANY, Case No. 5:20-cv-03229-EJD

Plaintiff, ORDER RE CROSS MOTIONS FOR

SUMMARY JUDGMENT

v. Re: Dkt. Nos. 26, 28 KEVIN J. MCKINLEY, Defendant.

Plaintiff Progressive Select Insurance Company (“Progressive”)1 initiated this declaratory relief action to resolve whether the laws of California or South Carolina govern the terms and provisions of an automobile insurance policy issued to its insured, Defendant Kevin J. McKinley (“McKinley”). The applicable law will determine the amount of insurance benefits that McKinley may recover for injuries he sustained in an automobile accident. Pending before the Court are the parties’ cross-motions for summary judgment. For the reasons stated below, the Court grants Progressive’s motion and denies McKinley’s motion. I. BACKGROUND2 McKinley lived in the Charleston, South Carolina, area until 2016 when he…