Provident Life & Accident Insurance v. Bennett

DAVIS, Justice:

Michael Bennett, appellant/defendant below, has prosecuted this appeal from an order of summary judgment granted by the Circuit Court of Mercer County to the ap-pellee/plaintiff below, Provident Life and Accident Insurance Company 1 hereinafter referred to as “Provident”. The order of summary judgment awarded Provident its subrogation claim against Mr. Bennett in the amount of $32,847.86. On appeal Mr. Bennett contends that material issues of fact exist which precluded summary judgment. We agree.

I

FACTUAL BACKGROUND

The facts of this case are centered on an automobile accident…