Kathleen A. Butterfield (Now Estate

OPINION BY KELLY, J.: Filed December 7, 1995 In this appeal we must determine whether the trial court properly granted summary judgment in favor of appellee, Lexington Insurance Company (""Lexington""), pursuant to the garnishment action brought by appellant-assignee, Estate of Kathleen A. Butterfield (""Butterfield""). Specifically, we must decide whether the instant insurance policy covered punitive damages in view of a Punitive Damages Amendatory Endorsement. In addition, we must determine whether punitive damages assessed on vicarious liability are insurable as a matter of law. For the reasons set forth below, we hold that the trial court erred in placing the burden of proof on assignee Butterfield and granting summary judgment in favor of Lexington. Accordingly, we reverse and remand for proceedings consistent with this opinion.