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HOWARD v. MOTORISTS MUT. INS. CO.

No. 95-SC-944-DG.

955 S.W.2d 525 (1997)

Corliss R. HOWARD, Appellant, v. MOTORISTS MUTUAL INSURANCE COMPANY; George H. Terry; Timothy W. Waxler; The Phoenix Insurance Company; Travelers Insurance Company; and Doctrow-Rich Insurance Company, Appellees.

Supreme Court of Kentucky.

Rehearing Denied December 18, 1997.

Attorney(s) appearing for the Case

J.L. Richardson, IV, Richardson & Richardson, P.S.C., Louisville, for Appellant.

George R. Carter, William P. Swain, Boehl, Stopher & Graves, Louisville, for Motorists Mutual Insurance Company.

William Reeder Kenealy, Segal, Isenberg, Sales, Stewart, Cutler & Tillman, Louisville, for George H. Terry.

Gary M. Weiss, Weiss, Frederick & Haynes, Louisville, for Thimothy H. Waxler.

C.A. Dudley Shanks, Melissa Ann Stevens, Lisa M.P. Patrick, Segal & Shanks, Louisville, for Phoenix Insurance Company and Travelers Insurance Company.

Perry M. Bentley, J. Peter Cassidy, Jr., Todd S. Page, Stoll, Keenon & Park, L.L.P., Lexington, for Doctrow-Rich Insurance Company.

STUMBO, Justice.

Appellant, Corliss Howard, challenges a decision of the Court of Appeals reversing a Shelby Circuit Court judgment compelling Appellee, Motorists Mutual Insurance Company ("Motorists"), to provide insurance coverage for a 1991 auto accident. This opinion addresses whether estoppel or waiver can, under certain circumstances, preclude an insurance company from denying coverage after it has cashed an insured...

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