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TRUE v. RAINES

No. 2000-SC-0493-DG, 2000-SC-0495-DG.

99 S.W.3d 439 (2003)

Lecia TRUE, Appellant, v. Mable RAINES and Preferred Risk Financial, Inc., Appellees. and Preferred Risk Financial, Inc., Appellant, v. Lecia True and Mable Raines, Appellees.

Supreme Court of Kentucky.

As Amended April 2, 2003.

Attorney(s) appearing for the Case

Robert R. Baker, Rankin, Baker & Teater, Stanford, for Appellant/Appellee, Lecia True.

Paul V. Hibberd, Connelly, Kaercher & Stamper, Louisville, for Appellee/Appellant, Mable Raines.

O. Lee Cave, III, Clark, Ward & Cave, Louisville, Al Miller, Central City, Debbie D. Sandler, Clark, Ward & Cave, Benjamin T. Owings, McKenzie & Peden, PSC, Louisville, for Appellee/Appellant, Preferred Risk Financial, Inc.

Opinion of the Court by Justice KELLER.

I. ISSUES

This appeal presents two (2) significant issues concerning underinsured motorist (UIM) coverage:

(1) Mable Raines ("Raines") incurred damages of $219,071.00 as a result of a two-vehicle accident caused by Lecia True ("True"), who had liability coverage of only $100,000.00. Raines, who was driving her own automobile at the time of the collision, had a $50,000.00 UIM policy, and Ted Rice ("Rice"), with...

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