Sylvia D.Y. Kim v. State Farm Mutual Automobile Insurance Company

CANBY, Circuit Judge:

State Farm appeals from an order denying its motion for summary judgment and granting Sylvia Kim’s cross-motion for summary judgment. We reverse.

BACKGROUND

The parties agree that no genuine issue of material fact exists. Sylvia Kim was seriously injured in an accident while riding in an automobile owned by her father, Edward Kim, and driven by her mother, Agnes Kim. The “accident vehicle” was insured by State Farm. State Farm paid Sylvia Kim $35,000, the limit for primary bodily injury under the liability insurance provision of the policy insuring the accident vehicle.…