Flowers v. Wells

GANT, Judge.

Appellants brought this action against the appellees, alleging in part that the ap-pellee, State Farm Insurance Company, did not issue “underinsured motorist coverage” which appellants allege is required by KRS 304.39-320. After the taking of depositions and filing of interrogatories and affidavits herein, a summary judgment was entered in favor of appellee, State Farm. The affidavits of the appellants were filed and considered by the lower court under peculiar circumstances, but this Court has considered the case on its merits.

The proof was that the policy of insurance issued by…