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: Kentucky Tort Journal

Court of Appeals Published Decisions

By Edward A. Brutscher, Esq.

The Court of Appeals was busy this week publishing three decisions, impacting tort and insurance law. Below are short digests of the cases with links to each. I hope to have a more thorough digest of the cases involving automobile insurance issues in the very near future.

Adkins v. Kentucky National Ins. Co., affirming summary judgment on issue of whether plaintiff could stack UM coverage on three vehicles after insurer sent notice upon renewal that the formula for calculating the premiums would change from multiple premiums based on the number of vehicles to a single premium for units of coverage. No genuine issue on whether proper notice was sent and accepted.

Dyer v. Providian Auto and Home Ins. Co., affirming summary judgment on issue of whether plaintiff was entitled to recover UIM benefits for uninsured employee driver when settlement was paid by carrier of employer, who denied liability and coverage.

Mims v. Western Southern Life Ins. Co., vacating and remanding dismissal of claim of negligence in the change of beneficiary form by Western Southern when facts viewed in light most favorable to the nonmoving Mims clearly showed allegations of negligence claim. Claim merely needs to be asserted, in this case negligence. Whether it can be proved or is even a valid negligence claim is for summary judgment.

Full post as published by Kentucky Tort Journal on April 10, 2007 (boomark / email).