Insurance Law

Businesses are Responsible for Injuries from Misusing Caution Signs

Posted on September 27, 2016
 Kentucky Accident Information has a new post discussing how businesses are still responsible for injuries when they misuse or overuse yellow caution signs to warn of dangers on their property.  The article discusses not only the misuse of yellow caution signs by businesses, but the habitual overuse of those same yellow caution signs when no […]

Insurer Can?t Use Medical Review to Deny No Fault Benefits.

Posted on September 19, 2016
The Court of Appeals recently decided Houchens vs. GEICO, a case that questioned whether a reparations obligor in Kentucky is entitled to utilize ?paper reviews,? which are not tendered to nor reviewed by a court, as the sole basis for terminating or denying an insured?s no-fault benefits (BRB’s)...

Court of Appeals Clarifies Law Regarding Apportionment for Third Party Defendants.

Posted on September 07, 2016
The Kentucky Court of Appeals recently published two cases dealing with apportionment involving third-party defendants that are of interest.   In the case of Memorial Sports Complex, LLC vs. McCormick, et al, the Court was required to determine whether the dismissal, but subsequent allowance of apportionment, of the third-party defendants was appropriate...

Car in which Passenger is Riding is Primary for Uninsured Motorists Benefits

Posted on August 30, 2016
The Kentucky Supreme Court recently issued an opinion regarding which of two insurance policies provided primary insurance for purposes of uninsured motorists (UM) benefits provided to a passenger. The car in which the passenger was riding was struck by a car later found to be uninsured...

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Litigating Bad Faith Insurance Claims in Kentucky

Posted on August 22, 2016
I will be speaking at a seminar hosted by National Business Institute titled; “Litigating Bad Faith Insurance Claims in Kentucky.”  The seminar will take place on Friday, September 23, 2016, at the Holiday Inn Louisville East-Hurstbourne.  Here is the program description: Gain the Practical Skills You Need to Handle Bad Faith Claims Can you easily […]

You Don?t Have to be ?Inside? a Car to ?Occupy? It for Insurance Purposes.

Posted on July 15, 2016
The Court of Appeals recently discussed what qualifies as “occupying” a car for purposes of qualifying for underinsured motorists coverage (UIM) in Jackson vs. State Farm Fire Cas. Co., unpublished.  The Court discussed the four factor test to determine if someone is “occupying” a car...

Supreme Court Upholds $1.45 Million Punative Damages Award

Posted on July 12, 2016
  This is a decision that was actually rendered in May by the Kentucky Supreme Court.  However, it has serious implications as the most recent opinion the Court has issued on punitive damages and it’s worth your time. Saint Joseph Hospital appealed from an opinion of the Court of Appeals that affirmed a Fayette Circuit […]

Guess Who?s Back, Back Again?

Posted on July 07, 2016
I decided to come back and post some again.  I might not post every day or every week, but I have decided to post again to Kentucky Tort Journal. I realize I miss posting my opinions and analysis of important Kentucky law.  More importantly, I miss letting people know my opinions on certain cases...

Kentucky Tort Journal Signs Off

Posted on April 22, 2009
After several years, several changes, and more than several posts it is with a heavy heart that I advise my readers that the Kentucky Tort Journal is signing off.  I will no longer be posting or updating original posts or decisions. Kentucky Tort Journal was my first attempt at blogging...

Kentucky Tort Journal Signs Off

Posted on April 22, 2009
After several years, several changes, and more than several posts it is with a heavy heart that I advise my readers that the Kentucky Tort Journal is signing off.  I will no longer be posting or updating original posts or decisions. Kentucky Tort Journal was my first attempt at blogging...

Court of Appeals Minutes for September 5th

Posted on September 10, 2008
The Court of Appeals recently posted its minutes for September 5th, here.  One published case dealing with torts and insurance. The case of Rudolph v. Shelter Insurance Companies, the Court of Appeals dealt with the issue of a misrepresentation in a fire policy and whether summary judgment was proper for Shelter...

KLR Reports on $5.1 Million Dollar Verdict!

Posted on September 10, 2008
The Kentucky Law Review recently reported on the $5.1 million dollar verdict in Jefferson County. The KLR notes it is one of the highest awards in recent memory and links to the Courier Journal article, discussing the case. Click on the link to read the entire KLR review with a link to the [...

KTJ Podcast Of Court of Appeals Minutes For August 29th.

Posted on September 10, 2008
Today I discuss the Court of Appeals Minutes for August 29, 2008, and the interesting case of Lee v. Shower, MD and Maysville Obstetrics, a medical negligence case, which resulted after the death of an infant from complications during delivery. Click the play button to listen...

Court of Appeals Minutes for August 22nd

Posted on August 25, 2008
The Court of Appeals has posted its minutes for August 22nd, here.  There was only one published case dealing with torts and insurance.  Please check back for my digest with comments.

Kentucky Supreme Court Extends Time for Filing in Cases of Clerk Delay

Posted on August 25, 2008
The Kentucky Supreme Court just published Nanny v. Smith, which extended the time for filing a lawsuit in the Commonwealth of Kentucky in those cases where the suit is timely filed, but the clerk delays issuance of a summons. Under Kentucky law the issuance of the summons begins the lawsuit, not the filing of [...

Supreme Court Minutes for August 21st

Posted on August 22, 2008
The Kentucky Supreme Court has posted its minutes for August 21, 2008, here.  Only one important published case dealing with torts and insurance.  Nanny v. Smith, which dealt with the issue of when a Complaint was timely filed; is it when the Complaint is filed or when summons is issued...

Lazy Days of Summer

Posted on August 08, 2008
It seems like only yesterday that I took a weeks vacation.  Of course, it wasn’t, although you would think so given my lack of postings.  Unfortunately, I am behind and summer seems to have zapped whatever motivation I have had to write about the law...

Smaller Car, Bigger Insurance Bill

Posted on July 10, 2008
Microsoft Money has an interesting article on the link between smaller cars and higher insurance bills.  Particularly useful given the statistics which show that Americans are turning to smaller cars to deal with higher gasoline costs.  An excerpt: Americans are looking to smaller cars for savings on spiraling gas prices and for lower emissions, but auto [...

Court of Appeals Minutes for July 4th.

Posted on July 10, 2008
The Court of Appeals has posted its minutes for July 4th, here.  There weren’t any published cases dealing with torts or insurance.

Kentucky Law Review Rated in National Top Ten

Posted on July 09, 2008
Congratulations to Mike Stevens and his Kentucky Law Review for consistently being in the national top ten of the nation’s blogs.  This is quite an accomplishment.  You can read Mike’s well deserved summary of his blogs accomplishments, here.

Mass Tort Litigation Blog Reports On The Exxon Case

Posted on July 02, 2008
The Mass Tort Litigation Blog has been reporting on the United States Supreme Court’s decision in Exxon v. Baker, the decision which reconsidered the punitive damages in the case arising out of the Exxon Valdez disaster. I’d recommend you read Professor Lahav’s wonderful musings in What’s So Weird About the Exxon Decision and Professor [...

Loss of Dimished Chance Doctrine Rejected

Posted on July 02, 2008
The Kentucky Supreme Court has published Kemper v. Gordon, involving the question of whether Kentucky would adopt the Lost of Diminished Chance Doctrine, or to put it, allow recovery by plaintiff’s whose death is not the result of the negligence, but who may have suffered a diminished chance of survival due to the negligence...

Dog Catcher Can Sue Owner For Dog Bite

Posted on July 02, 2008
The Court of Appeals published Fetchko v. Morgan and Edmonds, a case resulting from a dog named bandit.  Bandit bit a small child and animal control was called.  The next day Fetchko went to pick up the dog.  On the way he met Kay Morgan, the mother of Edmonds, the dog’s owner...

Court of Appeals Minutes for June 6th

Posted on June 06, 2008
The Court of Appeals has posted its minutes for June 6th, here. There are several published cases, which may be related to tort and insurance, but the links are not working. I am sure the AOC will have them fixed soon, so check back for an update. [...

Police Officers? Sexual Harassment Suit Settled by City

Posted on June 02, 2008
The Courier Journal reports on the $150,000 sexual harassment settlement by the City, here. According to the Courier: One of the largest settlements paid on behalf of the Louisville Metro Police this decade went to two of the department’s own — in a harassment case where the city says it settled to avoid the uncertainty [...

Court of Appeals Minutes for May 30th

Posted on May 30, 2008
The Court of Appeals has posted its minutes for May 30th, here.  There weren’t any published opinions related to torts or insurance law.

Supreme Court OKs Cellphone Unlocking Suit

Posted on May 28, 2008
According to Wired: The U.S. Supreme Court on Tuesday dashed a bid by T-Mobile and AT&T to stave off a class-action lawsuit challenging the carriers’ policies against unlocking mobile phones. The justices declined to review an October decision by the California Supreme Court that cleared the way for a lawsuit that attorneys claimed could represent “millions” of [...

Court of Appeals Minutes for May 23rd

Posted on May 27, 2008
The Court of Appeals has posted its minutes for May 23rd, here.  There weren’t any published cases dealing with torts and insurance.

Pet Owners, Makers of Tainted Food Reach Deal

Posted on May 23, 2008
Companies agree to pay $24 million after animals were poisoned. MSNBC reports on the proposed settlement between Companies that were sued over contaminated pet food linked to the deaths of perhaps thousands of dogs and cats and the pet owners.  Click here, for the article.

Supreme Court Minutes for May 22nd

Posted on May 23, 2008
The Supreme Court posted its minutes for May 22nd. There weren’t any published cases dealing with torts and insurance. However, there was an order denying the motion for discretionary review in the case of Condispoti v. First Financial Ins. Co, which I previously posted about, here...

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