Judith Christenberry v. Stanley F. Tipton, et. al.

This case involves a claim for personal injuries sustained in an automobile accident. The accident occurred when the vehicle in which the plaintiff was a guest passenger was forced off the road by an unidentified motorist. The plaintiff asserted a claim for uninsured motorist benefits under the provisions of an insurance policy issued to her former husband and his company. The issue on appeal is whether the trial court erred in granting summary judgment for the defendant insurance company after concluding the undisputed facts revealed that, under the circumstances of this case, the plaintiff was not insured under the policy. The Court of Appeals affirmed the grant of summary judgment. Upon appeal to this Court, we conclude that the undisputed facts in the record do not support the trial court's grant of summary judgment for the insurance company. After thoroughly reviewing the record, we conclude that there is a genuine issue of material fact as to whether the plaintiff was insured under the automobile insurance policy at the time of the accident and therefore entitled to uninsured motorist coverage. Accordingly, we reverse the judgment of the Court of Appeals and remand the case to the trial court for further proceedings consistent with this opinion.