December 2013

GSB wins at the Kentucky Court of Appeals. In Countryway Insurance Company v. United Financial Casualty Company, et al. (Case No. 2012-CA-002051) argued and briefed by Tracey Clemmons Smith, the Court agreed that a bright line rule should be adopted clarifying priority of coverage disputes between competing Uninsured Motorist (“UM”) provisions. When priority of coverage between two or more UM policies cannot be reconciled by the policy provisions (e.g. other insurance clauses both claiming to be excess), the Court unanimously held that the UM policy purchased by the injured person is primary. All other UM policies that provide coverage are excess. This to-be-published decision brings certainty to the insurance industry providing for the first time clear instruction to competing UM carriers identifying which company is first responsible for paying benefits.