State Farm Mutual Automobile Insurance Co. v. Yenke

State Farm appeals the final summary judgment entered in favor of Pasha Yenke on her claim for payment of underinsured motorist insurance benefits. We affirm.

After Yenke was involved in an automobile accident with Stephen Milam, she filed a negligence suit against him seeking dam*431ages. He answered and affirmatively asserted that a “phantom vehicle” caused the accident which resulted in Yenke’s injuries. Yenke thereafter filed a motion to amend her complaint, and attached a proposed complaint which asserted a claim for un-derinsured motorist benefits against State Farm, her insurance carrier.…