In Arway v. Progressive American Insurance Company, 6D23-399 (Fla. 6th DCA March 1, 2024), the Sixth DCA reversed and remanded the trial court’s entry of summary judgment in favor of Progressive. Arway brought the underlying lawsuit to recover underinsured motorist (UM) benefits under a Progressive policy of insurance. Progressive argued, and the trial court ultimately agreed, that the five-year statute of limitations (SOL) ran from the date of the motor vehicle collision, thereby barring Arway’s suit. On appeal, the Sixth DCA focused on the subject policy’s exhaustion provision which required Arway to exhaust the tortfeasor’s bodily injury (BI) coverage prior to obtaining UM benefits under her own policy. Notwithstanding the exhaustion condition precedent, the subject policy also included a provision preventing Arway from filing suit against Progressive unless she was in full compliance with the policy terms—e.g., the exhaustion provision. The Sixth DCA, citing similar policy provisions in Woodall v. Travelers Indemnity Co., 699 So. 2d 1361 (Fla. 1997), held that the exhaustion and no-action provisions of Arway’s Progressive policy tolled the SOL until Arway received payment from the tortfeasor’s BI liability carrier. View the opinion here.