Transp. Ins. Co. v. WomackAnnotate this Case
In this appeal the Supreme Court determined that the circuit court erred in extending summary judgment entered against a defendant motorist to likewise bind the underinsured motorist (UIM) insurance carrier. The Court reversed, holding that despite the UIM carrier's reliance on the defendant and her liability insurer to mount a defense, the UIM insurance carrier retained its own right to defendant in the event that the interests of the UIM insurance carrier and the defendant or her liability insurer diverged, and the circuit court erred in determining otherwise. Remanded to allow the UIM carrier to present a defense.