PGR · News · 20260825N

Litigation and Legal Risk

PROGRESSIVE CORP/OH/ · 2026-08-25 · Importance 31 · Surprise 42

The ERISA Industry Committee filed an amicus brief with an appeals court supporting dismissal of a lawsuit against Progressive’s employee health plan. The lawsuit alleges that Progressive charged employees higher premiums for using tobacco or declining a COVID-19 vaccine. ERIC argued that allowing the claims to proceed could undermine employer-sponsored wellness programs encouraged by ERISA and expose plan sponsors to significant liability.

Key facts

• The ERISA Industry Committee (ERIC) filed an amicus brief supporting the dismissal of a lawsuit against Progressive's employee health plan that alleged Progressive improperly charged higher premiums to employees who used tobacco or declined a COVID-19 vaccine. source