CONSOL. INS. CO. v. SLONE

No. 2016-CA-001070-MR.

538 S.W.3d 922 (2018)

CONSOLIDATED INSURANCE COMPANY, Appellant v. Christopher Lee SLONE; Jessica Cantrell; Nancy Perkins, as Mother, Natural Guardian, and Next Friend of Raymond Mitchell Keeton, an Infant; Ramona Conley, as Mother, Natural Guardian, and Next Friend of Samantha Conley, an Infant; Ramona Conley, as Mother, Natural Guardian, and Next Friend of Kaylee Conley, an Infant; Crystal Hall, as Mother, Natural Guardian, and Next Friend of Katilynn D. Hall, an Infant; Patricia Russell, as Mother, Natural Guardian, and Next Friend of Tarah Russell, an Infant; Patricia Russell, as Mother, Natural Guardian, and Next Friend of Tatem Russell, an Infant; Heather Poe, as Parent and Natural Guardian of Rhylee Poe, an Infant; Bennie Poe, as Parent and Natural Guardian of Rhylee Poe, an Infant; David Blevins, as Grandfather, Custodian, and Next Friend of the Infant, Peyton Elkins; DeWayne Davis; Linda Howard; Billie Ramey; Judy Francis, as Guardian and Next Friend of Kenna Isaac, an Infant; Sherri Arnett, as Natural Guardian and Next Friend of Christina Arnett, an Infant; Ashley Arnett, as Natural Guardian and Next Friend of Jacklyn Arnett, Madison Arnett, and Alexie Arnett, Infants; Shannon Vanhoose, as Natural Guardians and Next Friends of Linzie Vanhoose, an Infant; Jerry Vanhoose, as Natural Guardians and Next Friends of Linzie Vanhoose, an Infant; Duncan Vanhoose, an Infant; Clarissa Wells, as Natural Mother and Next Friend of Michael Wells, Matthew Wells and Jonathan Wells; Mandy Butcher, as Natural Mother and Next Friend of Laken Butcher, Jennie Butcher and Hannah Butcher; Alex Howard, By and Through His Next Friends, Ben Howard and Debbie Howard; Gunner Carty, By and Through His Next Friends, Garrett Ward and Wilma Ward; Ryan Gause, By and Through His Next Friend, Donna Daniels; Elsie Bailey, as Next Friend of Jeffrey Bailey; Stacy Russell, as Next Friend of Erica and Destiny Russell; Katilynn D. Hall; Samantha Perkins, as Mother and Next Friend of Dominick Perkins and Dakota Perkins; Santana Allen, as Mother and Next Friend of Dakota Burchett and Jason Allen; Shawn Howard, By and Through His Natural Parent and Next Friend, Cathrine Cassady Howard; Joey Dotson; Kaylee Dotson; Kyle Casebolt; Michael Summers; Jozie Dobbins; Megan Howard; James Meade; Jonbonet Stevens; Grover J. Allen; Lindsey B. Russell; Breanne Morrison, Through Her Father, James Morrison; Kayleigh Arnett, Through Her Mother, Virginia Murrell; Odell Pyles; GEICO General Insurance Company; Twin City Fire Insurance Company; Kemi; Nationwide Property and Casualty Insurance Company; and Dwayne Davis, Appellees.

Court of Appeals of Kentucky.

MODIFIED: January 12, 2018; 10:00 A.M.


Attorney(s) appearing for the Case

BRIEFS FOR APPELLANT: Charles H. Cassis , Aaron J. Silletto , Chadler M. Hardin , Prospect, Kentucky.

ORAL ARGUMENT FOR APPELLANT: Charles H. Cassis , Chadler M. Hardin , Prospect, Kentucky.

BRIEF FOR APPELLEES: CHRISTOPHER LEE SLONE; JESSICA CANTRELL; NANCY PERKINS, AS MOTHER, NATURAL GUARDIAN, AND NEXT FRIEND OF RAYMOND MITCHELL KEETON, AN INFANT; RAMONA CONLEY, AS MOTHER, NATURAL GUARDIAN, AND NEXT FRIEND OF SAMANTHA CONLEY, AN INFANT; RAMONA CONLEY, AS MOTHER, NATURAL GUARDIAN, AND NEXT FRIEND OF KAYLEE CONLEY, AN INFANT; CRYSTAL HALL, AS MOTHER, NATURAL GUARDIAN, AND NEXT FRIEND OF KATILYNN D. HALL, AN INFANT; PATRICIA RUSSELL, AS MOTHER, NATURAL GUARDIAN, AND NEXT FRIEND OF TARAH RUSSELL, AN INFANT; PATRICIA RUSSELL, AS MOTHER, NATURAL GUARDIAN, AND NEXT FRIEND OF TATEM RUSSELL, AN INFANT; HEATHER POE, AS PARENT AND NATURAL GUARDIAN OF RHYLEE POE, AN INFANT; BENNIE POE, AS PARENT AND NATURAL GUARDIAN OF RHYLEE POE, AN INFANT; AND DAVID BLEVINS, AS GRANDFATHER, CUSTODIAN, AND NEXT FRIEND OF THE INFANT, PEYTON ELKINS, Jennifer L. Connor , John C. Collins , Salyersville, Kentucky.

BRIEF FOR APPELLEES: DEWAYNE DAVIS; LINDA HOWARD; BILLIE RAMEY; JUDY FRANCIS, AS GUARDIAN AND NEXT FRIEND OF KENNA ISAAC, AN INFANT; SHERRI ARNETT, AS NATURAL GUARDIAN AND NEXT FRIEND OF CHRISTINA ARNETT, AN INFANT; ASHLEY ARNETT, AS NATURAL GUARDIAN AND NEXT FRIEND OF JACKLYN ARNETT, MADISON ARNETT, AND ALEXIE ARNETT, INFANTS; SHANNON VANHOOSE, AS NATURAL GUARDIANS AND NEXT FRIENDS OF LINZIE VANHOOSE, AN INFANT; JERRY VANHOOSE, AS NATURAL GUARDIANS AND NEXT FRIENDS OF LINZIE VANHOOSE, AN INFANT; DUNCAN VANHOOSE, AN INFANT, C. Graham Martin , G. Todd Martin , Salyersville, Kentucky.

ORAL ARGUMENT FOR APPELLEES: Kellie Collins , Jack Collins , Lexington, Kentucky.

BEFORE: CLAYTON, J. LAMBERT AND THOMPSON, JUDGES.


OPINION

Consolidated Insurance Company appeals from an order of the Magoffin Circuit Court declaring that the appellees are entitled to stack the underinsured motorist coverages (UIM) provided in a vehicle insurance policy issued to the Magoffin County Board of Education. The primary issue presented is whether an anti...

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