Silvers v. Horace Mann Insurance

WHICHARD, Justice.

Defendants Horace Mann Insurance Company (Horace Mann) and Roger Matthews (Matthews) seek reversal of a decision of the Court of Appeals reversing the trial court’s entry of summary judgment in their favor. The issue is whether an insured plaintiff who has entered into a consent judgment with a tort-feasor and the tort-feasor’s liability insurance carrier, without notice to1 or the consent of the insured’s underinsured motorist (UIM) coverage carrier, in violation of the terms of the UIM policy, may nevertheless recover UIM benefits under that policy. We answer in the…