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COOTS v. ALLSTATE INS. CO.

Nos. 91-SC-929-TG, 92-SC-162-TG.

853 S.W.2d 895 (1993)

Sheila COOTS and Victor Coots, Appellants, v. ALLSTATE INSURANCE COMPANY, Appellee. and Nancy KITCHEN, Individually and as Administratrix of the Estate of Koren M. Kitchen and William T. Kitchen, Appellants, v. STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, Appellee.

Supreme Court of Kentucky.

Rehearing Denied July 1, 1993.

Attorney(s) appearing for the Case

Grover S. Cox, Louisville, for appellants, Cootses.

A. Campbell Ewen, Benjamin C. Johnson, Ewen, Hilliard & Bush, Louisville, for appellee, Allstate.

William J. Kathman, Jr., Florence, for amicus curiae, KATA.

Richard M. Breen, Louisville, for appellants, Kitchens.

John G. Crutchfield, MacKenzie & Peden, P.S.C., Louisville, for appellee, State Auto.

OPINION

LEIBSON, Justice.

These two cases, briefed separately, were argued on the same day and are decided in a single opinion because they involve common questions of law regarding further viability of an underinsured motorist policy covering the victim of a motor vehicle collision after settlement with the tortfeasor's liability insurance carrier for the policy limits.

Both cases were decided at the trial level by summary judgment in favor of the...

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