Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Warsow v. State Farm Mutual Automobile Insurance Co.

Court of Appeals of Kentucky

October 4, 2019

DAVID WARSOW AND MARGARET WARSOW APPELLANTS
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY APPELLEE

          APPEAL FROM GRAVES CIRCUIT COURT HONORABLE TIMOTHY STARK, JUDGE ACTION NO. 15-CI-00097

          BRIEFS FOR APPELLANT: David V. Oakes Paducah, Kentucky

          BRIEF FOR APPELLEE: James R. Coltharp, Jr. Jessica Shaw Morgan Paducah, Kentucky

          BEFORE: GOODWINE, MAZE, AND SPALDING, JUDGES.

          OPINION

          SPALDING, JUDGE:

         This appeal stems from the entry of summary judgment in an action seeking a declaration that an insurance policy provision limiting coverage for bodily injury from a single accident to $50, 000.00 per person is void as against public policy. We affirm.

         Appellant, David Warsow, was riding a motorcycle when his left leg collided with a 2 x 4 extending from the side of a trailer full of lumber being towed behind a truck owned by Scott Yokley and being driven by his son, Keith Yokley. According to the complaint, the truck was insured under a policy issued by appellee, State Farm Mutual Automobile Insurance Company, to Patricia Yokley. The complaint also alleged that Scott Yokley was negligent in loading the lumber and Keith Yokley was negligent in operating the truck. Although appellants, David Warsow and his wife Margaret, were able to reach an agreement with the Yokleys as to liability and settle their claims for the State Farm policy limits, they reserved the right to file a declaration of rights action to determine exactly what the policy limits would be.

         In an amended complaint filed in that action, appellants argued that they were entitled to the policy limit of $50, 000.00 for Scott Yokley's liability in negligently loading or failing to secure the lumber in the trailer and $50, 000.00 for Keith Yokley's liability in his negligent operation of the truck. Hence, the coverage limit should be $100, 000.00. State Farm moved for summary judgment on the basis of language in the policy limiting bodily injury coverage for "each person" to $50, 000.00 for the accident. The Graves Circuit Court agreed and granted State Farm's motion. This appeal followed the denial of appellants' motion to alter or amend that judgment.

         The policy afforded bodily injury liability coverage of $50, 000.00 for "each person" or $100, 000.00 for "each accident", and it explained that monetary coverage limit as follows:

The Liability Coverage limits for bodily injury are shown on the Declarations Page under "Liability Coverage - Bodily Injury Limits - Each Person, Each Accident."
The limit shown under "Each Person" is the most we will pay for all damages resulting from bodily injury to any one person injured in any one accident, including all damages sustained by other persons as a result of that bodily injury. The limit shown under "Each Accident" is the most we will pay, subject to the limit for "Each Person," for all damages resulting from bodily injury to two or more persons injured in the same accident.
. . . .
These Liability Coverage limits are the most we will pay regardless ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.