USAA Casualty Ins. Co. v. Kramer

In USAA Casualty Ins. Co. v. Kramer, 987 S.W.2d 779 (Ky. 1999), the Supreme Court of Kentucky held that a UIM carrier was not entitled to reimbursement from the insured or the liability insurer of $ 50,000 that was advanced to the insured after the liability insurer offered that amount in settlement even after a jury found that the defendant/motorist was not negligent for striking the insured's automobile. Relying on Nationwide, 973 S.W.2d 56, 45 6 Ky. L. Summary 16 (1998), the court held that "the bottom line is that the UIM bears the risk when it chooses to thwart a proposed settlement between the plaintiff and the alleged tortfeasor by substituting payment of the settlement amount." Id. at 783.