State Farm Mutual Automobile Insurance Co. v. Fletcher

LUKOWSKY, Justice.

These cases squarely present the question of the validity of the following provision which has been inserted in these Kentucky No Fault Automobile Insurance Policies,

“(a) any amount payable under the uninsured motor vehicle coverage [UM] shall be reduced by the amount of any personal injury protection benefits [PIP] paid or payable under this or any other automobile insurance policy because of bodily injury sustained by an eligible injured person.”

The trial courts and the Court of Appeals held the provision invalid. We agree, but find it necessary to decide a subsidiary…