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NO FAULT INSURANCE - Additional PIP benefits: Cain v. American Commerce Insurance Company, Inc. (COA 12/15/2009)

By Michael Stevens

Cain v. American Commerce Insurance Company, Inc.
2008-CA-001500 10/30/09 2009 WL 3486701
Opinion by Judge Stumbo; Judges Acree and Wine concurred.

The Court affirmed a declaratory and final judgment of the circuit court interpreting KRS 304.39-140 and determining that appellee fully satisfied its obligation to pay benefits under an insurance policy it issued to appellant. The Court held that KRS 304.39-140(1) did not require the insurer to provide $40,000 in added reparation benefits but merely to offer it to appellant. Because appellant did not request the coverage, the insurer was not required to provide it. The Court further held that because appellant did not request the coverage, the trial court did not err in ruling that she was not entitled to relief under the Kentucky Unfair Settlement Practice Act or a common law bad faith claim. Similarly, she was not entitled to interest on any overdue payments nor attorney fees.

Full post as published by Kentucky Cases on December 15, 2009 (boomark / email).