Empire Fire & Marine Insurance Co. v. Haddix

OPINION

WILHOIT, Chief Judge.

Empire Fire and Marine Insurance Company appeals from a summary judgment which determined that it had the primary duty to defend and indemnify the appellee, Everett Haddix, for losses resulting from an automobile accident. Empire was also adjudged primarily liable for basic reparation benefits to the persons occupying the car driven by Mr. Haddix; however, it does not contest this provision of the summary judgment. See Rees v. United States Fidelity & Guar. Co., Ky.App., 715 S.W.2d 904, 905 (1986); KRS 304.39-050(1).

Mr. Haddix was driving a temporary substitute…