METROPOLITAN PROPERTY & CAS v. OVERSTREET

No. 2002-SC-0032-MR.

103 S.W.3d 31 (2003)

METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. Robert B. OVERSTREET, Judge, Scott Circuit Court, Appellee, and Gary Afterkirk, Sylvia Banks; and Chris Heard, d/b/a Lexington Motors (Real Parties in Interest), Appellees.

Supreme Court of Kentucky.

April 24, 2003.


Attorney(s) appearing for the Case

Catherine M. Stevens, John W. Walters, Lexington, for Appellant.

Robert Overstreet, Versailles, for Appellee Robert B. Overstreet, Judge, Scott Circuit Court.

Richard M. Rawdon, Jr., Georgetown, for Real Party in Interest Appellee Gary Afterkirk.

Jerry Anderson, Lexington, for Real Party in Interest Appellee Sylvia Banks.

R. Craig Reinhardt, Fowler, Measle & Bell, Lexington, for Real Party in Interest Appellee Chris Heard, d/b/a Lexington Motors.

Pamela Yvette Hourigan, Lexington, for Amicus Curiae Kentucky Academy of Trial Attorneys.


COOPER, Justice.

The underlying civil action was brought by Appellee Gary Afterkirk against Appellant Metropolitan Property & Casualty Insurance Company ("MetLife"1), Afterkirk's uninsured motorists insurer, for personal injuries sustained in an automobile accident caused by the alleged negligence of an uninsured motorist. Pursuant to CR 35.01, MetLife moved for an order requiring Afterkirk...

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