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KENTUCKY CENT. INS. CO. v. KEMPF

No. 90-CA-001271-MR.

813 S.W.2d 829 (1991)

KENTUCKY CENTRAL INSURANCE COMPANY, Appellant, v. Eric W. KEMPF, Bruce Kempf, and Kathryn V. Kempf, Appellees.

Court of Appeals of Kentucky.

August 9, 1991.

Attorney(s) appearing for the Case

Walter L. Porter, Louisville, for appellant.

Perry Adanick, Louisville, for appellees.

Before LESTER, C.J., and HOWERTON and STUMBO, JJ.

STUMBO, Judge:

Kentucky Central Insurance Company (hereinafter "Kentucky Central") appeals the judgment of the Jefferson Circuit Court dismissing their subrogation claims against Eric W. Kempf, a minor, and his parents, Bruce Kempf and Kathryn V. Kempf. This case presents an issue of first impression. Does KRS 304.39-320, the Underinsured Motorists Statute, require that an insured with such coverage obtain a judgment against the owner of the other automobile before...

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