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COOMER v. PHELPS

No. 2004-SC-0294-DG.

172 S.W.3d 389 (2005)

Margaret COOMER, Appellant, v. Charlie PHELPS; and Progressive Northwestern Insurance Company, Appellees.

Supreme Court of Kentucky.

September 22, 2005.

Attorney(s) appearing for the Case

Bridget Leigh Dunaway, Taylor, Keller & Dunaway, Amanda Lester Hill, Taylor, Keller, Dunaway & Tooms, London, KY, Counsel for Appellant.

John W. Walters, Timothy Culver Feld, Lexington, KY, Counsel for Appellee, Charlie Phelps.

Donald L. Miller, II, Diane Rose Conley, Frost, Brown & Todd, Louisville, Kristi Mildred Smith, Frost, Brown & Todd, Lexington, KY, Counsel for Appellee, Progressive Northwestern Insurance Company.

Opinion of the Court by Justice ROACH.

I. INTRODUCTION

This case arises on appeal from the Pulaski Circuit Court which granted summary judgment in favor of the Appellees, Charlie Phelps and Progressive Northwestern Insurance Company ("Progressive"), Phelps's insurer. The Circuit Court's decision, which was affirmed by the Court of Appeals, relied exclusively on a release that the Appellant, Margaret Coomer, executed in favor of Mr. Phelps and his insurer...

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