Winner, who held a Progressive auto policy with UIM coverage, was injured in a car accident in 2021. After bringing a personal injury lawsuit against the at-fault driver and entering settlement negotiations, Winner’s attorney contacted Progressive to open a UIM claim. According to the court record, Progressive’s adjuster, Margaret Mary Burke, then contacted the opposing attorney in the personal injury case – without Winner’s or his lawyer’s consent – and disclosed that Winner had been involved in a subsequent, unrelated car accident. Winner alleged this was an attempt to influence the settlement in a way that would limit Progressive’s UIM exposure.