TRAVELERS INS. CO. v. BOWLING

No. 90-CA-1598-S.

806 S.W.2d 40 (1991)

TRAVELERS INSURANCE COMPANY, Appellant, v. Shelby BOWLING and Nancy Bowling, Appellees.

Court of Appeals of Kentucky.

April 5, 1991.


Attorney(s) appearing for the Case

Tommie L. Weatherly, London, John F. Faust, Jr., Hazard, for appellant.

Richard Hay, William M. Thompson, Somerset, for appellees.

Before CLAYTON, HOWERTON and McDONALD, JJ.


HOWERTON, Judge.

Travelers Insurance Company appeals from a summary judgment of the Pulaski Circuit Court dismissing its subrogation claim against Shelby and Nancy Bowling. Both sides agreed that there were no genuine issues of material fact and that the legal issue would be determined by an interpretation of KRS 304.39-310(2). We conclude that the trial court misapplied the statute and granted judgment to the wrong party. We reverse.

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