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INSURANCE (subrogation): Lynch v. Claims Management Corporation (COA 1/22/2010)

By Michael Stevens

Lynch v. Claims Management Corporation
2007-CA-001840 01/22/2010 2010 WL 199343

Opinion by Judge Wine; Judges Clayton and Dixon concurred. The Court reversed and remanded a summary judgment in appellee?s favor on its intervening subrogation/reimbursement claim from settlement proceeds appellant received from his uninsured motorist carrier. Appellee was the claims administrator for a disability policy purchased by appellant, an independent contractor. The Court held that the trial court erred in granting summary judgment to appellee and denying summary judgment to appellant on the intervening claim. The insurance contract was both ambiguous and subject to a reasonable interpretation that appellee would only seek reimbursement from a third-party tortfeasor, not another insurer. Therefore, appellant was entitled to summary judgment.

Full post as published by Kentucky Cases on March 20, 2010 (boomark / email).