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The Kentucky Court of Appeals granted summary judgment to an insurer, denying a passenger’s request for underinsured motorist (UIM) coverage due to an exclusion in the insured driver’s policy. The case is Peterson v. Grange Prop. & Cas., 568 S.W.3d 884 (Ky. Ct. App. 2018).
|What happened
On February 13, 2016, Alicia L. Peterson, the plaintiff, was a passenger in Laura Zirnheld’s vehicle when it was involved in a collision with Mary Haeberlin’s vehicle. Peterson suffered severe injuries and sought recovery from Haeberlin in Jefferson Circuit Court.
She settled the claim with Haeberlin, then filed an amended complaint seeking underinsured motorist (UIM) coverage against Zirnheld’s auto insurer, Grange Property & Casualty. Zirnheld’s auto policy under Grange had a $100,000 limit for UIM coverage.
|Who is an insured?
To qualify for UIM coverage, you must be an insured. The Grange policy defined “insured” for the purposes of UIM coverage as “the named insured, any family member, and any other person while occupying the covered auto who is entitled to do so if that person is not insured for UIM coverage under another policy.”
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