Nichols v. Zurich American Insurance Co.

Opinion of the Court by

Justice VENTERS,

Upon the motion of Appellant, James D. Nichols, we granted discretionary review of the Court of Appeals’ opinion affirming a summary judgment of the Jefferson Circuit Court entered on behalf of Appellee, Zurich American Insurance Company (Zurich). The summary judgment dismissed Nichols’ claim for Underinsured Motorist (UIM) coverage under an insurance policy issued by Zurich upon the grounds that the UIM coverage included in the policy was the result of a mutual mistake in the making of the insurance contract.

On appeal, Nichols’s main argument is that…