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EARLE v. COBB

No. 2000-SC-0818-DG.

156 S.W.3d 257 (2004)

Bonita EARLE, Appellant, v. Alice S. COBB and Indiana Insurance Company, Appellees.

Supreme Court of Kentucky.

Rehearing Denied March 17, 2005.

Attorney(s) appearing for the Case

Mike Breen, Kerry S. Morgan, Bowling Green, for appellant.

Reford H. Coleman, Eric Allen Hamilton, Coleman Lochmiller Bond & Hess, Elizabethtown, for appellee Alice S. Cobb.

W. Douglas Myers, W. Jonathan Sweeten, Jack N. Lackey, Deatherage, Myers, Self & Lackey, Hopkinsville, for appellee Indiana Insurance Company.

Opinion of the Court by Chief Justice LAMBERT.

The issue presented is whether an underinsured motorist (UIM) carrier must be identified at trial when it chooses to preserve its subrogation rights by means of the procedure set forth in Coots v. Allstate Ins. Co.1 (the "Coots procedure"). We conclude that the UIM carrier should be so identified as a party because it was named as a party by virtue of its contract and because...

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