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EMPIRE FIRE AND MARINE INS. v. HADDIX

No. 93-CA-0773-MR.

927 S.W.2d 843 (1996)

EMPIRE FIRE AND MARINE INSURANCE COMPANY, Appellant, v. Everett HADDIX, Appellee.

Court of Appeals of Kentucky.

August 23, 1996.

Attorney(s) appearing for the Case

Douglas L. Hoots, Sheila P. Hiestand, Landrum & Shouse, Lexington, for appellant.

Gordon W. Moss, Hays, Moss and Lynn, Lexington, for appellee.

Before WILHOIT, C.J., and JOHNSON and MILLER, JJ.

OPINION

WILHOIT, Chief Judge.

Empire Fire and Marine Insurance Company appeals from a summary judgment which determined that it had the primary duty to defend and indemnify the appellee, Everett Haddix, for losses resulting from an automobile accident. Empire was also adjudged primarily liable for basic reparation benefits to the persons occupying the car driven by Mr. Haddix; however, it does not contest this provision of the summary judgment.

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