Veness v. Midland Risk Insurance Co.

OPINION

DARDEN, Judge

STATEMENT OF THE CASE

Michelle Veness brought this action against Midland Risk Insurance Company (“Midland”) seeking to recover damages under the underinsured motorist coverage provision of her policy with Midland for bodily injuries she suffered during an accident. She now appeals from a trial court order granting summary judgment in favor of Midland.

We reverse and remand.

ISSUE

Whether the trial court erred in granting summary judgment in favor of Midland.

STATEMENT OF FACTS

The following facts are undisputed. On May 27, 1997, Veness was a passenger on a motorcycle being…