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SCHWARTZ v. HASTY

No. 2003-CA-000796-MR.

175 S.W.3d 621 (2005)

Robert SCHWARTZ, Appellant, v. Billy HASTY and Kentucky Farm Bureau Mutual Insurance Company, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 16, 2005.

Attorney(s) appearing for the Case

Don A. Pisacano, Lexington, KY, for appellant.

Guy R. Colson, Casey C. Stansbury, Lexington, KY, for appellee, Kentucky Farm Bureau.

Before BUCKINGHAM, DYCHE, and TAYLOR, Judges.

OPINION

BUCKINGHAM, Judge.

Robert Schwartz appeals from an order of the Garrard Circuit Court holding that the underinsured motorist (UIM) benefits received by him were not subject to the collateral source rule and could be credited against the tort damages awarded to him in determining the damages recoverable from Billy Hasty, the tortfeasor. This is apparently an issue of first impression in Kentucky law. We reverse and remand.

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