FROM GRAVES CIRCUIT COURT HONORABLE TIMOTHY STARK, JUDGE
ACTION NO. 15-CI-00097
FOR APPELLANT: David V. Oakes Paducah, Kentucky
FOR APPELLEE: James R. Coltharp, Jr. Jessica Shaw Morgan
BEFORE: GOODWINE, MAZE, AND SPALDING, JUDGES.
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
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.
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.
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
. . . .
These Liability Coverage limits are the most we will pay