Mosley v. West American Insurance Co.

HOWERTON, Chief Judge.

Mosley and the Keisters appeal from a decision of the Union Circuit Court which granted a summary judgment in favor of West American Insurance Company (West). West had voluntarily paid the basic reparations benefits, but the circuit court held that Mosley, West’s insured, was not covered by tort liability insurance. The basis for this decision was that the incident wherein Mosley injured the Keisters did not constitute an “accident” under the terms of the insurance policy. We determine that up to the minimum limits for tort liability, as set out in KRS 304.39-110, it…