The West Virginia Supreme Court reversed summary judgment in favor of two plaintiffs, finding they were not covered under the driver’s underinsured motorist coverage because they were passengers of a rented vehicle that was not a “covered auto” under Progressive’s policy.

In Brehm v. Progressive Max Insurance Co., plaintiffs Christine Brehm and Amber Hess—passengers in a rented Toyota Camry driven by Susan Bindernagel—were injured when another driver, Dana Miller, rear-ended the car, according to the majority opinion of the court filed Thursday.