Mabry v. State Farm Mutual Automobile Insurance Company

PHIPPS, Presiding Judge.

Frank Mabry appeals the grant of summary judgment to his uninsured/underinsured motorist (UM) insurance carrier, State Farm Mutual Automobile Insurance Company, in his action seeking damages for personal injuries arising from an automobile collision. In granting the motion, the court found that Mabry could not recover such damages from State Farm because the amount of medical expenses and workers’ compensation benefits he had already received exceeded the available UM coverage. For the reasons that follow, we reverse.

Summary judgment is appropriate when no genuine…