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NATIONWIDE MUT. INS. v. STATE FARM AUTO.

No. 96-SC-558-DG.

973 S.W.2d 56 (1998)

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. STATE FARM AUTOMOBILE INSURANCE COMPANY, Appellee.

Supreme Court of Kentucky.

Rehearing Denied September 3, 1998.

Attorney(s) appearing for the Case

Edward H. Bartenstein, MacKenzie & Peden, P.S.C., Louisville, for Appellant.

Edmund P. Karem, Sitlinger, McGlincy, Steiner, Theiler & Karem, Louisville, for Appellee.

STUMBO, Justice.

This case presents an issue that is an extension of the doctrine requiring an underinsured motorist insurance carrier, in order to preserve its subrogation right, to substitute its payment for that of the liability carrier for the settling tortfeasor. See, Coots v. Allstate Ins. Co., Ky., 853 S.W.2d 895 (1993). Here, the underinsured motorist carrier (UIM), Nationwide...

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