Kentucky Farm Bureau Mutual Insurance Co. v. Shelter Mutual Insurance Co.

Opinion of the Court by

Justice SCOTT.

I. Introduction

This is an appeal from an opinion of the Court of Appeals reversing the Montgomery Circuit Court, which had imposed primary liability for a motor vehicle accident on the vehicle’s and vehicle owner’s insurer, rather than on the insurer of the permissive driver. Neither policy was for a business or commercial coverage.

After paying the damages, the vehicle’s and vehicle owner’s insurer, Shelter Mutual Insurance Company (Shelter), filed a declaratory judgment action and subsequent motion for summary judgment against Kentucky Farm Bureau Mutual…