The Warsows did just that, arguing that they were entitled to the policy limit of $50,000 for Scott Yokley's liability in negligently loading or failing to secure the lumber in the trailer and $50,000 for Keith Yokley's liability in his negligent operation of the truck. Thus, they contended, the coverage limit should be $100,000.

State Farm moved for summary judgment on the basis of language in the policy limiting bodily injury coverage for "each person" to $50,000 for the accident.

The trial court agreed and granted State Farm's motion. The Warsows appealed.

The State Farm Policy

The State Farm policy afforded bodily injury liability coverage of $50,000 for "each person" or $100,000 for "each accident," stating as follows:

The Liability Coverage limits for bodily injury are shown on the Declarations Page under "Liability Coverage — Bodily Injury Limits — Each Person, Each Accident."

The limit shown under "Each Person" is the most we will pay for all damages resulting from bodily injury to any one person injured in any one accident, including all damages sustained by other persons as a result of that bodily injury. The limit shown under "Each Accident" is the most we will pay, subject to the limit for "Each Person," for all damages resulting from bodily injury to two or more persons injured in the same accident. . . .

These Liability Coverage limits are the most we will pay regardless of the number of:

1. insureds;

2. claims made;

3. vehicles insured; or

4. vehicles involved in the accident.

The Appellate Court's Decision

The appellate court affirmed.

In its decision, the appellate court explained that, as written, the State Farm policy provided $50,000 in liability coverage.

It then rejected the Warsows' contention that because two insureds committed separate torts, as a matter of public policy each insured should be covered up to the policy limit of $50,000 for a total limit of $100,000 for this incident.

The appellate court pointed out that there was "but one vehicle with one insurance policy covering it." The appellate court added that Kentucky law required that the Yokleys maintain minimum liability coverage on the vehicle – the pickup truck – and did not require that Scott Yokley purchase insurance for his actions in loading the trailer.

The appellate court found that regardless of whether the Yokleys' actions had combined to cause Mr. Warsow's injuries, the claims fell under the single policy of insurance covering the pickup truck they were driving. Their alleged negligence fell within the limitation on damages "resulting from bodily injury to any one person injured in any one accident," the appellate court concluded.

The case is Warsow v. State Farm Mutual Automobile Ins. Co., No. 2018-CA-001424-MR (Ky. Ct. App. Oct. 4, 2019). Attorneys involved include: BRIEFS FOR APPELLANT: David V. Oakes, Paducah, Kentucky. BRIEF FOR APPELLEE: James R. Coltharp, Jr., Jessica Shaw Morgan, Paducah, Kentucky.