Kentucky National Insurance v. Lester

OPINION

JOHNSON, Judge:

Kentucky National Insurance Company (Kentucky National) has appealed from the judgment of the Floyd Circuit Court entered on December 3, 1997, which summarily determined that it was liable to its insured, Gordon Lester (Lester), under the terms of its contract to provide underin-sured motorist (UIM) coverage, and from the trial court’s order of January 13, 1998, denying its motion to alter, amend or vacate the summary judgment. We reverse and remand.

The facts necessary for a resolution of the issues in this appeal are not in dispute. On April 1, 1993, Lester was involved…