PENNINGTON v. STATE FARM MUT. AUTO. INS. CO.

No. 07-6187.

553 F.3d 447 (2009)

Dennis PENNINGTON and Sharon Pennington, Co-Administrators of the Estate of Stacey Pennington, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 21, 2009.


Attorney(s) appearing for the Case

ARGUED: Neil E. Duncliffe, Duncliffe Law Office, Georgetown, Kentucky, for Appellants. Michael Harris Baker, Baker, Kriz, Jenkins & Prewitt, Lexington, Kentucky, for Appellees. ON BRIEF: Neil E. Duncliffe, Duncliffe Law Office, Georgetown, Kentucky, for Appellants. Michael Harris Baker, Baker, Kriz, Jenkins & Prewitt, Lexington, Kentucky, for Appellees.

Before: BATCHELDER and GILMAN, Circuit Judges; ZOUHARY, District Judge.


OPINION

RONALD LEE GILMAN, Circuit Judge.

Stacey Pennington, the 17-year-old daughter of Dennis and Sharon Pennington, was killed in an automobile accident in July 2004. The Penningtons had four drivers in their family, all of whom were insured by State Farm Mutual Automobile Insurance Company. In addition to insuring their vehicles, the Penningtons purchased underinsured motorist (UIM) coverage with limits of $100,000 per person/$300,000 per accident (100...

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