FOR IMMEDIATE RELEASE
Oklahoma Federal Jury Awards $40 Million Verdict Against Progressive Direct Insurance
Smolen Law, PLLC, secures $40 million dollar verdict, $20 million in compensatory damages and $20 million in punitive damages, holding Progressive Direct accountable for breaching the duty of good faith and fair dealing
TULSA, Okla. — August 11, 2026 — A federal jury in the U.S. District Court for the Northern District of Oklahoma returned a $40 million verdict against Progressive Direct Insurance Company on August 7, 2026, in Mary Paulding v. Progressive Direct Insurance Company (Case No. 4:24-cv-00074). The jury found that the insurer breached its duty of good faith and fair dealing in its handling of the plaintiff’s underinsured motorist claim. The verdict included $20 million in compensatory damages and $20 million in punitive damages.
The case centered around Progressive’s handling of the Mary Paulding’s claim for $25,000 in underinsured motorist benefits. The evidence at trial showed that Progressive’s adjusters lacked a basic understanding of how to handle Oklahoma underinsured motorist claims and were incentivized through a company-wide profit share program to reduce loss payouts and claim costs. The jury heard overwhelming evidence that Progressive mishandled and delayed its investigation into the plaintiff’s injuries and failed to consider critical information in its evaluation.
The plaintiff was represented by Smolen Law, PLLC. Donald E. Smolen, II, principal of Smolen Law, served as lead trial counsel, alongside attorneys James Fatigante and Christopher D. Mochulsky.
“This verdict sends a clear message to Progressive and to every insurance company doing business in Oklahoma: policyholders are not simply a means to collect premiums and increase corporate profit – they are people you promised to protect,” said Mr. Smolen. “Our client trusted Progressive to honor its policy when it mattered most and instead faced a slow-walked investigation and an offer that didn’t come close to compensating her for the injuries she sustained. This jury saw through that conduct and held Progressive fully accountable.”
Smolen Law thanks the jury for its careful attention throughout the trial and for a verdict that reflects the seriousness of Progressive’s conduct.
About Smolen Law, PLLC
Smolen Law, PLLC is a Tulsa, Oklahoma-based trial firm representing individuals in insurance bad faith, personal injury, wrongful death and civil rights matters. Founded and led by Donald E. Smolen, II, the firm has secured over $1,000,000,000 in verdicts and settlements on behalf of its clients.
Smolen Law's mission is to provide exceptional legal services with integrity, professionalism, and respect.
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