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FAULKNER v. SMITH

Nos. 87-SC-105-DG, 87-SC-261-DG.

747 S.W.2d 592 (1988)

Sandra FAULKNER, Movant, v. David W. SMITH and Kentucky Farm Bureau Mutual Insurance Co., Respondents. David W. SMITH and Kentucky Farm Bureau Mutual Insurance Co., Cross/Movants, v. Sandra FAULKNER, Cross/Respondent.

Supreme Court of Kentucky.

As Corrected January 21, 1988.

Rehearing Denied April 28, 1988.

Attorney(s) appearing for the Case

T. Bruce Bell, Robert H. Measle, Fowler, Measle & Bell, Lexington, for David W. Smith and Kentucky State Farm Bureau Mut. Ins. Co.

William K. Moore, Midway, for Sandra Faulkner.

STEPHENS, Chief Justice.

On October 19, 1983, Faulkner and Smith had an automobile accident. Smith's insurance policy with Farm Bureau had a bodily injury liability limit of $25,000 per person. Following a March 29, 1985 jury verdict in favor of Faulkner, judgment was entered in Woodford Circuit Court on April 5, 1985 for $383,157.

On April 5, counsel for Smith and Farm Bureau sent Faulkner's counsel a letter offering to pay her $25,000, represented as the...

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