WITHERS v. MERIDIAN MUT. INS. CO.


626 S.W.2d 214 (1980)

Mamie A. WITHERS, Administratrix of the Estate of Kathleen A. Withers, Deceased, Appellant, v. MERIDIAN MUTUAL INSURANCE COMPANY and William M. Lear, Jr., Administrator of the Estate of Howard Johnson, Deceased, Appellees.

Court of Appeals of Kentucky.

Ordered Published June 27, 1980.

Discretionary Review Denied October 28, 1980.


Attorney(s) appearing for the Case

Robin Griffin, Miller, Griffin & Marks, P. S. C., Lexington, for appellant.

Elwood Rosenbaum, Linda Gosnell, Rosenbaum & Rosenbaum, Lexington, for appellee, Meridian Mut. Ins. Co.

Thomas E. Meng, Beshear, Meng & Green, Lexington, for appellee, William M. Lear, Jr., Administrator of the Estate of Howard Johnson, deceased, for appellees.

Before LESTER, VANCE and WILHOIT, JJ.


LESTER, Judge.

This is an appeal from a judgment entered on a motion for summary judgment and/or judgment on the pleading, the effect of which was to relieve appellee insurance carrier from defending its co-appellee or paying any damages which might be awarded against the Estate of Howard Johnson.

On May 18, 1977, Howard Johnson was operating a motor vehicle on Shore Acre Road in Woodford County, which car was owned by the only passenger, Kathleen A. Withers...

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