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U.S. FIDELITY AND GUAR. CO. v. PRESTON

No. 98-SC-0558-DG.

26 S.W.3d 145 (2000)

UNITED STATES FIDELITY AND GUARANTY COMPANY and State Automobile Mutual Insurance Company, Appellants, v. Clara J. PRESTON, Administratrix of the Estate of Mikeal D. Preston, Appellee.

Supreme Court of Kentucky.

Rehearing Denied September 28, 2000.

Attorney(s) appearing for the Case

Donald P. Moloney, II, Robyn E. Miller, Sturgill, Turner, Barker, & Moloney, PLLC, Perry M. Bentley, Todd S. Page, Stoll, Keenon & Park, LLP, Lexington, Counsel for Appellants.

James Park, Jr., Rebecca D. Hannifan, Brown, Todd & Heyburn, PLLC, Lexington, William R. Meredith, Harrodsburg, Counsel for Appellee.

LAMBERT, Chief Justice.

In Georgia litigation between the estate of a Kentucky resident and an uninsured resident of Illinois, the jury apportioned fault 60% against the Kentucky decedent and 40% against the uninsured Illinois driver. Under the modified comparative fault scheme in Georgia, a finding of fault of 50% or more against a plaintiff precludes recovery. The issue in this declaratory judgment action between the estate of the decedent and its uninsured motorist...

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