Insurance Law

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...

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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.

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...

Inferred Intent Rule Overturns Jury Verdict That Shooting Was Accidental

Posted on May 20, 2008
The Court of Appeals published Kentucky Farm Bureau v. Coyle, which discussed the application of the inferred intent rule in a shooting case. The case involved Tweed, the love interest, Coyle, her husband, and Elliot, a spurned suitor. After some stalking and a disagreement between Coyle and Elliot, Coyle filed shots on two [...

Court of Appeals Minutes for May 16th

Posted on May 16, 2008
The Court of Appeals has posted its minutes for May 16th, here. Two cases dealing with tort and insurance law were published. Kentucky Farm Bureau Insurance v. Coyle, 2006-CA-001335, dealing with intentional acts exclusion. Keith v. Laurel Co. Fiscal Court, et al...

Texas Court of Appeals Overturns Multimillion Dollar Vioxx Verdict!

Posted on May 15, 2008
The Mass Tort Litigation Blog reports on a New York Times Article, discussing the Texas Court of Appeals decision which overturns a multimillion dollar award against Merck, the company that manufactured and marketed the prescription painkiller Vioxx. Click here to read the post, with a link to the New York Times Article...

Guest Author on TechnoEsq

Posted on May 14, 2008
I will be publishing a series of articles on Finis Price’s, TechnoEsq, which discuss freeware that I have incorporated into my solo law practice.  For those who don’t know, freeware is software that is available for download on the internet for free...

UPDATE: Post Regarding Justice Minton?s Appointment

Posted on May 13, 2008
Just after I published my post on Justice Minton’s election as the new Chief Justice of the Supreme Court of Kentucky, I came across an interesting post by Mike Stevens at the Kentucky Law Review.  In my post I mentioned the political agendas and special interests that occupy the Supreme Court...

Justice John Minton Named Chief Justice

Posted on May 13, 2008
The Courier Journal reported on the recent election of Justice John Minton to the position of Chief Justice. The article; Ky.’s new chief justice hailed for fairness can be found, here. I believe the description provided of Justice Minton is a fair one, although I am sure many attorneys would disagree...

Court of Appeals Minutes for May 9th

Posted on May 09, 2008
The Court of Appeals has posted its minutes for May 9th, here.  There was only one published case dealing with torts and insurance.  Diaz v. Barker & Allstate dealt with several procedural issues at the trial court level in an automobile negligence case, including plaintiff’s failure to promptly appeal a summary judgment order in favor [...

Which States Are Saving You On Car Insurance?

Posted on May 09, 2008
MSN Money has an interesting article on which states are keeping a lid on car insurance. According to the article, a survey by the Consumer Federation of America showed that those states that require insurance companies to get preapproval before raising rates are best at keeping rates relatively low...

AIG Insurance Posts $7.81 Billion Loss

Posted on May 09, 2008
MSN Money reported on AIG’s $7.81 Billion Loss: The company late Thursday said it lost $7.81 billion, or $3.09 per share in the period, down a whopping 383% from the profit of $4.13 billion, or $1.58 per share, it earned in the same quarter last year...

Court of Appeals Finds Mention of Liability Insurance Permissible in Malpractice Case

Posted on May 06, 2008
The Court of Appeals recently published Woolum v. Hillman, a medical malpractice case arising from the death of Hillman’s unborn child.  One of the more interesting issues on appeal was the allowance by the trial judge of evidence that an expert, Dr...

Court of Appeals Minutes for May 2nd

Posted on May 05, 2008
The Court of Appeals has published its minutes for May 2nd, here.  Please check back for digests of cases involving tort and insurance law.

Medical Providers Do Not Have Direct Action Against Insurance Company To Recover Basic Reparations Benefits

Posted on April 29, 2008
The Supreme Court published Neurodiagnostics, Inc. v. Kentucky Farm Bureau, which discussed whether a medical provider could assert a direct action against an insurance company to recover basic reparations benefits through an assignment by the insured...

Supreme Court Holds Sheriff?s Office Not Entitled To Immunity

Posted on April 29, 2008
The Supreme Court published Jones v. Cross, which dealt with whether or not the Sheriff’s Office was entitled to official immunity for the acts of its deputies, and if so, whether KRS 70.040 waives it.  Sheriff’s deputy injured two state troopers while attempting to catch an evading suspect...

Court of Appeals Minutes for April 25th

Posted on April 25, 2008
The Court of Appeals has posted its minutes for April 25th, here.  There was only one published decision dealing with torts and insurance law.  The Court rendered an opinion in the case of Graham v. Rogers, which involved the question of when a vehicle transfers between individual buyers and sellers for purposes of ownership and, [...

Chief Justice Lambert to Retire

Posted on April 25, 2008
Chief Justice Lambert announced his retirement this morning. He will continue to serve through the Senior Judge’s Program. For his own words on his retirement, go to the Kentucky Court of Justice. The Courier Journal also reported on his retirement, here...

Supreme Court Minutes for April 24th.

Posted on April 24, 2008
The Supreme Court has posted its minutes for April 24th, here. Check back for digests of important cases dealing with tort and insurance law.

Teacher Entitled To Qualified Official Immunity When Supervising Students

Posted on April 24, 2008
The Court of Appeals recently published Pennington v. Greenup Co. Board of Ed., which again dealt with when a state employee is entitled to qualified official immunity. At the time relevant to the action, Andrew was a special education student at Greenup County High School...

Court of Appeals Minutes for April 18th

Posted on April 21, 2008
The Court of Appeals has posted its minutes for April 18th, here.  Check back for digests of recent published cases.

Courier Journal Reports on the Passing of Judge Montano

Posted on April 21, 2008
The Courier Journal has posted an article on the passing of Judge Montano, here.  She was 46, not 45 as I stated in my earlier post.  I am sure the Judge would have forgiven me for that mistake.  It appears she died from complications from pneumonia.  She worked for more than a decade as a [...

Jefferson Circuit Judge Kathleen Voor Montano Passes Away.

Posted on April 21, 2008
I was just told that Judge Kathleen Voor Montano passed away this morning after battling an unsuspected illness.  She was 45 and is survived by her husband and four teenage children.  I had the pleasure of trying a case in front of Judge Montano with several fine Louisville attorneys...

Release May Act as Defense of Waiver to Statutory Cause of Action

Posted on April 14, 2008
The Supreme Court recently published Humana v. Blose, which dealt with the limited issue of whether a claimant can waive his right to a statutory action by signing a release of claims.  The Court of Appeals held that the “remedy for a breach of a release and waiver of a statutory right is “an original [...

Not All Mention of Insurance at Trial is Prohibited.

Posted on April 14, 2008
The Court of Appeals published Barkman v. Overstreet, an appeal of a malpractice verdict in favor of the treating physician.  While several errors were alleged, the most interesting one involved the mention of insurance by Dr. Overstreet during his testimony...

Court of Appeals Minutes for April 11th.

Posted on April 14, 2008
The Court of Appeals has posted its minutes for April 11th.  Click here for a list of the published and nonpublished cases.  Check back for digests of cases dealing with tort and insurance law.

Supreme Court Clarifies Purchaser and Other Issues in Consumer Protection Act.

Posted on April 08, 2008
The Supreme Court recently published Craig and Bishop, Inc. v. Piles, et al., a case resulting in a jury verdict for violations of Kentucky’s Consumer Protection Act (KCPA).  Piles and Warner brought suit, alleging violation of the KCPA, common-law fraud, conversion, and breach of contract...

Court of Appeals Minutes for April 4th.

Posted on April 08, 2008
The Court of Appeals has published its minutes for April 4th.  There was only one published case cited and no published cases dealing with tort and insurance law.

Court of Appeals Minutes for March 28th.

Posted on April 04, 2008
The Court of Appeals has published its minutes for March 28th. There were no published tort and insurance law cases.

Obligation to Indemnify For Others Negligence Must Be Clear And Conscionable.

Posted on April 04, 2008
The Court of Appeals published, Speedway Superamerica, LLC v. Erwin, which dealt with contractual indemnity and the extent to which such clauses would be enforced.  Erwin entered into a contract with Speedway to perform basic services.  He was injured while  performing his duties allegedly as a result of Speedway’s negligence...

Announcement!

Posted on April 04, 2008
Array

Duty of Defense Counsel Limited in Failure to Revive Action

Posted on March 24, 2008
The Court of Appeals published, Frank v. Estate of Enderle, which dealt with the failure to revive an action within one year after the death of the defendant. In this case, the main issue was whether the actions of defense counsel estopped the application of this rule...

Supreme Court Minutes for March 20th

Posted on March 24, 2008
The Supreme Court has published its minutes for March 20th, here.  Please check back for digests of published cases.

Court of Appeals Minutes for March 21st

Posted on March 24, 2008
The Court of Appeals has published its minutes for March 21st, here.  Please check back for digests of published cases.

Trial Videos Offered Online

Posted on March 20, 2008
Finis Price at Technoesq.com just posted on his blog’s collaboration with the Kentucky Law Review to offer trial videos online. Finis describes it as follows: TechnoEsq, in collaboration with Kentucky Law Review, is seeking to make available the trial videos of numerous newsworthy and interesting trials from across Kentucky...

Welcome

Posted on March 19, 2008
Welcome to the new home of the Kentucky Tort and Insurance Law Journal.  I am still working out some content issues, but have resolved the domain problem.    You should be directed to the new domain (kytortjournal.com) without anything further on your part...

Kentucky Law Review Digests Recent $3.25 Million Verdict

Posted on March 18, 2008
The Kentucky Law Review has a more thorough report of the recent millions dollar verdict in Jefferson Circuit Court. Go here, for a very nice factual summary of the case and the resulting jury verdict.

Courier Journal Reports on $3.2 Million Verdict

Posted on March 17, 2008
Three days after I reported on the $3.2 million verdict, the Courier Journal now has an article describing the basic facts of the case. Unfortunately, there is no mention of the attorneys involved in the case or any quotes from those involved. Hopefully, the Courier will update its story as further facts become available...

Court of Appeals Links

Posted on March 17, 2008
Thanks to Mike Stevens of the Kentucky Law Review for posting on the bad links in last week's court of appeals minutes. Apparently, the links have additional text after the .pdf extension that must be deleted so you can read the case. It appears that the court has since fixed this problem...

Louisville Attorneys Get $3.2 Million Verdict!

Posted on March 14, 2008
The Kentucky Tort Journal has learned that Louisville Attorneys Philip Grossman and Jennifer Moore have secured a $3.2 million verdict for their client in Jefferson County Circuit Court. Grossman & Moore, PLLC represented a client injured in a car fire, suing for personal injury...

Court of Appeals Minutes for March 14th

Posted on March 14, 2008
The Court of Appeals has published its minutes for March 14th, here. It does not appear that there are any tort or insurance law decisions published. I did have issues with some of the links, so hopefully that will be addressed soon.

Study Finds Car Crashes Toll $1,051.00 Per Person

Posted on March 13, 2008
MSN Money reported on a study done on behalf of AAA regarding the true costs of accidents.The study, released today, found that traffic crashes are much more damaging to society than the bumper-to-bumper congestion that riles commuters in many metropolitan areas...

Circuit Judge Gibson Suspends District Judge's Policy on Objections

Posted on March 11, 2008
You might remember my earlier post titled; Judge Tells Attorneys to Zip It, where I discussed the "standing objection" rule put in place by District Judge Delahanty. Here is an article by the Courier Journal on Circuit Judge Susan Gibson's order telling Delahanty to temporarily stop enforcement of his rule...

Circuit Judge Gibson Suspends District Judge?s Policy on Objections

Posted on March 11, 2008
You might remember my earlier post titled; Judge Tells Attorneys to Zip It, where I discussed the “standing objection” rule put in place by District Judge Delahanty. Here is an article by the Courier Journal on Circuit Judge Susan Gibson’s order telling Delahanty to temporarily stop enforcement of his rule...

Mistrial is Improper Vehicle for Correcting Jury Verdict

Posted on March 10, 2008
The Court of Appeals published Williams v. Primary Care Associates, a medical malpractice case resulting in two jury trials, the last which was declared a nullity on appeal. Williams brought the claim as the Administrator of the Estate of Leslie Dunagan, who died after the defendants nurse practitioner failed to diagnose an abdominal stress ulcer...

Court of Appeals Minutes for March 7th.

Posted on March 07, 2008
The Court of Appeals has published its minutes for March 7th, here. Check back for the digest of an interesting medical malpractice case, involving multiple jury trials and an issue regarding the use of mistrials in Kentucky jurisprudence.

Pending Bill Would Extend Statute of Limitation on Third Party Defendants

Posted on March 04, 2008
Mike Stevens of the Kentucky Law Review posted on pending House Bill 643, which will expand the ability of certain plaintiffs to sue. You will recall that a similar bill was previously pending but did not pass. Mike discusses the need for the bill and the misuse or use of the current rules by both parties...

Speaking on Ethics of a Legal Blog

Posted on March 03, 2008
I am pleased to be speaking at the Kentucky Justice Association's CLE presentation of Cyber Practice, Using Technology in Today's Law Office, in Louisville, Kentucky, on March 14, 2008. My presentation with be on the Ethics of a Legal Blog, and will discuss the ethical rules, which are implicated when an an attorney publishes a legal blog or interacts through blog communications...

Court of Appeals Minutes for February 29th Are Posted

Posted on March 03, 2008
The Court of Appeals posted its minutes for February 29th, here. There are no published cases dealing with tort or insurance law.

Powerful and Persuasive Article Regarding Professor Lawson Interview

Posted on February 29, 2008
The Kentucky Law Review reported on a Courier Journal interview with Professor Robert G. Lawson, initially posted on by the Elusive Justice Blog, titled an Example of Resistance to Change. You can read the KLR's post here, with links to the full article and other interesting posts...

Court of Appeals Vacates $174,000 Judgment in Medical Malpractice Case

Posted on February 27, 2008
The Court of Appeals recently published Ohio County Hospital Corporation v. Martin, a case resulting from alleged malpractice in the treatment of Billie Shreve. "Shreve died after being treated at the hospital following an automobile accident, and this case arose as a result of a claim of medical negligence brought by the administratrix of her estate and by her surviving husband against the hospital and her treating physician", Dr...

Supreme Court Establishes Elements for Holding Employer Liable for Injury to Employee's Guest.

Posted on February 25, 2008
The Supreme Court published Mid-States Plastics, Inc. v. Estate of Bryant, which dealt with the vicarious liability of an employer for tortious injury by an employee to the employee's guest on a business trip. The SC identified the issue on appeal, succinctly, stating:The question in this appeal is whether an employer is liable for an employee's tortious injuries to a guest who accompanied the employee on a business trip...

Court of Appeals Minutes for February 22nd.

Posted on February 24, 2008
The Court of Appeals has posted its minutes for February 22nd, here. Check back for my digest on an interesting published case overturning a medical malpractice verdict.

Supreme Court Minutes for February 21st.

Posted on February 24, 2008
The Supreme Court has posted its minutes for February, here. Check back for digests of important cases in the area of tort and insurance law.

$250,000 Settlement Reached in Wrongful Death Lawsuit

Posted on February 20, 2008
lawyersandsettlements.com reported on the recent settlement by Angela Bouggess, Michael Newby's mother, of her wrongful death lawsuit against the Louisville Metro Government. Bouggess claimed Officer McKenzie Mattingly used excessive force when he shot Newby in the back following a reported drug bust gone bad...

Committee to Review Rules for Class Action and Mass Tort Cases

Posted on February 20, 2008
The Kentucky Law Review posted here on a Herald Leader story, about a Supreme Court committee looking into the rules that currently govern class action and mass tort litigation cases. According to Mike's post the Herald Leader described the purpose of the committee as follows:Kentucky's mass tort and class-action litigation committee has been looking at an assortment of issues including better case management and strengthening ethics rules for lawyers...

Court of Appeals Cases for February 15th.

Posted on February 15, 2008
The Court of Appeals has published its minutes for February 15th, here. There were no published cases dealing with tort and insurance law. Check back for next week's published cases from the Court of Appeals and Supreme Court.

House Bill 478 to Remove Choice of Reserving Lost Wages.

Posted on February 11, 2008
The Kentucky Law Review posted an op-ed on HB 478, which apparently removes the right of an insured to direct withholding of no fault benefits for the payment of lost wages, in cases of emergency care. It would require the no fault obligor to pay emergency services directly to the medical provider and that the benefits be considered primary to all other forms of payment...

Court of Appeals Cases for February 8th.

Posted on February 11, 2008
The Court of Appeals has published its minutes for February 8th, here. There are no published opinions dealing with tort and insurance law.

Judge Tells Attorneys to Zip It.

Posted on February 06, 2008
Interesting article in the Courier Journal today, titled Judge tells attorneys to zip it. The Courier reports statements attributed to Judge Sean R. Delantey, saying "that certain prosecutors were wasting court time by making "obnoxious, ridiculous, abundant and useless objections" during probable-cause hearings...

Department of Highways Owes Duty to One Traveling Portion of the Public Highway on ATV.

Posted on February 04, 2008
The Supreme Court recently published Commonwealth of Kentucky v. Guffey, a case resulting from the death of Jeremiah Guffey, who was killed when his ATV struck a cable stretched across an old abandoned section of Hwy. 167 in Wayne Co. The issue before the Court was whether the Department of Highways owed a duty to the operator of an all-terrain vehicle (ATV) who is riding his ATV upon a public highway, even though persons are prohibited by statute from operating ATV's upon public roadways...

In Matter of First Impression Supreme Court Sets Forth Rule for Franchisor Vicarious Liability.

Posted on February 04, 2008
In Papa John's International, Inc. v. Mccoy, the Supreme Court decided the issue of franchisor vicarious liability, an issue of first impression in Kentucky, arising in the context of a malicious prosecution and defamation lawsuit filed by a customer as a result of a Papa John's pizza delivery gone wrong...

Court of Appeals Cases for February 1st.

Posted on February 04, 2008
Click here for the minutes to the Court of Appeals cases for February 1st. There were no published cases involving tort and insurance law.

Supreme Court Adopts the Initial Permission Rule!!!

Posted on January 31, 2008
In a stunning decision, the Supreme Court has adopted the "initial permission rule", which alters the omnibus clause of most, if not all, insurance policies and expands coverage to all subsequent users of an "initial permissive user." In Kentucky, coverage is now afforded to anyone who is granted permission by an initial permissive user, regardless of the owner's intent...

Court of Appeals Cases for January 25th.

Posted on January 25, 2008
The Court of Appeals has posted its minutes for January 25th, here. There were no published cases dealing with tort and insurance law.

Supreme Court Minutes Posted

Posted on January 25, 2008
The Kentucky Supreme Court has posted its first minutes of the new year. Click here to see the entire list of published and unpublished cases. I will be posting on those published Supreme Court cases discussing tort and insurance law shortly.

Bill Proposed to Increase Small Claims Jurisdiction

Posted on January 21, 2008
The Kentucky Law Review recently reported on several recently proposed legislative bills. Of interest was house bill 280, here, which seeks to raise the jurisdiction of small claims court to $5,000.00. No comment on what affect this would have on the district/circuit court maximum/minimum limit of $4,000...

Court of Appeals Cases for January 18th.

Posted on January 18, 2008
The Court of Appeals has published its minutes for January 18th, 2008, here. One interesting published case involving a malicious prosecution case. In Craycroft v. Pippin, the Court of Appeals ruled that a prior finding of probable cause by a criminal court is not determinative of that issue in a case of malicious prosecution...

Chiropractor on Trial, PIP Abuse, and Other Thoughts

Posted on January 17, 2008
The Kentucky Law Review reported on a Courier Journal article discussing the beginning of the criminal fraud trial of Dr. Paul Hollern, described by the article as someone "who once headed a chiropractor-training empire from Louisville." The trial is taking place in U...

Court of Appeals Cases for January 11th.

Posted on January 11, 2008
The Court of Appeals has published its minutes for January 11th. Click here to view the entire list. Only one interesting published case closely related to torts, involved a reversal of a default judgment. In Leedy v. Thacker, the Court addressed an appeal of a default judgment and award of damages in two separate cases dealing with the same subject matter...

Happy New Year to the Kentucky Law Review

Posted on January 08, 2008
Mike Stevens of the Kentucky Law Review has recently posted some kind words about the Kentucky Tort and Insurance Law Journal here. Mike was one of the first of our kind to take his well respected and highly useful Louisville Law Wire to the Blogosphere...

New Changes for 2008!

Posted on January 08, 2008
2008 brings some new changes to the blog. First, I have changed the name to Kentucky Tort and Insurance Law Journal. I have dropped the use of the term blog, not because I take issue with the word or because I don't fancy myself a blogger. Given that my posts are not posted everyday and that the topical nature of the blog is governed more by scheduled occurrences than day to day issues, I thought the word "journal" more closely fit with what it was I did here...

Court of Appeals Published Decisions January 4, 2008.

Posted on January 07, 2008
The Court of Appeals minutes for January 4, 2008 have been posted. There were not any tort or insurance law cases published. To view the Court's minutes, click here.

2008 New Year's Resolution!

Posted on January 03, 2008
The New Year is upon us. Newspapers, television, the internet, and the local water cooler are abuzz with talk about New Year's resolutions and thoughts on how to keep them. Despite a significant failure rate, every year millions of people vow to change or do something different than the year before...

Forum Non Conveniens Again?

Posted on December 03, 2007
The Supreme Court has published Dollar General Stores, Ltd. v. Smith, another case dealing with the little known and seldom used doctrine of forum non conveniens. The court had previously held that the savings provision of KRS 413.270 applied to save cases filed in the improper venue, as well as, those filed in the wrong jurisdiction...

Kentucky Defense Counsel to Host Its Fall Seminar at Churchill Downs

Posted on October 23, 2007
The Kentucky Defense Counsel, Inc. has set its Fall Seminar for October 26, 2007, to take place at the Derby Museum at Churchill Downs. The program is approved for 6 hours of CLE credit, including 1 hour of ethics. The keynote speaker is Larry Pozner, who is identified as the co-author of America's all time best selling book on cross examination...

Court of Appeals Dispells the Misconception of "Universal Duty."

Posted on October 22, 2007
In addition to the issues discussed by the Court of Appeals in Jenkins v. Best, et al., in my prior post, the court also discussed the misuse of the "universal duty of care" language mentioned in many Kentucky cases. You will recall that the trial court granted summary judgment, finding that no physician/patient existed between Dr...

Court of Appeals Holds That Defendant Cannot Challenge Codefendant's Grant of Summary Judgment.

Posted on October 04, 2007
The Court of Appeals published Jenkins v. Best, et al., which answered the age old question of whether one defendant can challenge the grant of summary judgment to another defendant on appeal. Baptist Hospital East (BHE) contracted with University Associates to provide perinatology services...

Appeals Court Discusses Jurisdiction over Nonresidents and Forum Non Conveniens

Posted on September 17, 2007
The Court of Appeals recently published Elder, et. al v. Perry Co. Hospital, et. al, a medical malpractice case involving Kentucky residents and Indiana residents. The parents of the deceased were Kentucky residents who had their son treated in Indiana, where the medical negligence was alleged to have occurred...

Court Upholds Denial of Coverage for Insured Due to Status of Injured Party

Posted on August 23, 2007
The Court of Appeals just published Codispoti v. First Financial Insurance Company, which dealt with an exclusion to coverage for injury to an employee of the "insured." The circuit court entered summary judgment holding that an employee exclusion in the policy precluded coverage to Joseph M...

Expert Testimony Required in Finger Surgery Resulting in Loose Teeth?

Posted on August 23, 2007
The Court of Appeals recently published Green v. Owensboro Medical Health System, Inc., et al., a case involving allegations of medical negligence during an operation to repair a fractured finger. Green emerged from a surgery to repair a fractured finger to find her mouth bloody and her teeth loose and misaligned...

Supreme Court to Hear Whether Insured Can Prejudice Insurer's Right to Subrogation and Still Collect Under Policy.

Posted on August 01, 2007
The Supreme Court has granted discretionary review in the case of Gilbert v. Prime, Inc., et al. This was a nonpublished opinion, dealing with the statute of limitation for property damage, representations by claims personnel regarding settlement, but most importantly, whether an insured can collect against her own collision coverage after the applicable statute of limitation has run...

Workers Compensation Carrier Cannot Subrogate Against Injured Party's UIM Benefits.

Posted on July 24, 2007
The Court of Appeals just published G&J Pepsi-Cola Bottlers, Inc. v. Fletcher, et al. The primary issue became whether G&J could assert a subrogation claim against the UIM benefits Fletcher was seeking from US Fire Insurance Co. and Ohio Casualty Group...

Court of Appeals Upholds 2.54 million of 2.74 million FELA Verdict!

Posted on July 24, 2007
The Court of Appeals just published CSX Transportation, Inc. v. Moody, which dealt with several issues arising from a jury verdict awarding Moody $2.74 million in his FELA action. CSX sought review that: (1) the evidence was insufficient to submit the issue of foreseeability to the jury; (2) the trial court should have given a specific foreseeability instruction; (3) the evidence was insufficient to prove causation; (4) it was error to allow Moody to introduce evidence of other dissimilar claims filed by workers against CSX; (5) the evidence was insufficient to support the jury's award for future medical expenses and lost wages; (6) the trial court erroneously failed to instruct the jury that lost wages and future medicals are non-taxable; and (7) the trial court should have instructed the jury to discount the award to present value...

Inferred Intent Applies to Exclude Coverage When Actor Kills Another But Claims Lack of Mental Capacity

Posted on June 27, 2007
The Court of Appeals just published Nationwide Mutual Fire Ins. Co. v. Pelgen, et. al, which dealt with "inferred intent" as it applies to exclude coverage for intentional acts. "Under Kentucky precedent, certain actions by the insured give rise to an ?inferred intent,? regardless of the actor's actual intent, so as to preclude coverage...

Supreme Court Rules No Recovery for Pre-Impact Fear!

Posted on June 27, 2007
The Supreme Court recently published Steel Technologies, Inc., v. Congleton, et. al, which dealt with the award of damages for pre-impact fear. The case arose from a tractor-trailer accident, that resulted in the death of Melissa Congleton. Steel Technologies employed the driver to haul large steel coils...

Landowners Owe Implied Licensees Duty of Care for Known Unsafe Conditions

Posted on June 01, 2007
The Court of Appeals just published Hack v. Baker, which discussed the legal status of a child entering on a neighbor's property at play and the legal duty owed to that child. Hack resided with his family in a residence located in a cul-de-sac. (Think Ed, Ed, and Eddy)...

Uniform Residential Landlord Tenant Act (URLTA) Does Not Alter Common Law Landlord Liability.

Posted on May 14, 2007
The Court of Appeals just published Miller v. Cundiff, which again discussed the liability a landlord has for defects on leased premises. The Court of Appeals agreed with the trial court that a landlord is ordinarily not liable for personal injuries caused by an open and obvious condition on the leased premises...

Immunity Rears Its Head, Again

Posted on May 11, 2007
The Kentucky Supreme Court has published Autry v. Western Kentucky Univ., which again dealt with the defense of immunity by a state agency. This case stems from the horrific death of Katie Autry at WKU and the subsequent wrongful death action by her parents against WKU and The Student Life Foundation, Inc...

Second Annual Kentucky Blogger Gettogether a Success!

Posted on May 11, 2007
I was fortunate to be invited to the second annual Kentucky blogger and online journalists' (for you Michael) bull*&^%together on May 10, 2007. Our excellent host was Diana Skaggs of the Divorce Law Journal. Michael Stevens of the Kentucky Law Review and Kentucky Cases was present as were two relatively new bloggers...

CLE Time of the Year Again.

Posted on April 11, 2007
The deadline to get your CLE credits is quickly approaching. I recommend checking with your local bar association first. Click the link in the sidebar to access the Louisville Bar Association for information on upcoming CLEs. For those looking for CLEs on upcoming tort and insurance law topics, I have listed some that may be of interest...

No Stacking UM When Single Premium Charged for Multiple Vehicles!

Posted on April 11, 2007
In Adkins v. Kentucky National Ins. Co. the plaintiff (Adkins) appealed from a summary judgment. Specifically, he argued that Kentucky National improperly sought to unilaterally amend an insurance contract for the purpose of preventing Adkins from stacking three units of UM coverage...

Court of Appeals Published Decisions

Posted on April 10, 2007
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...

Statute of Frauds Bars Fen-Phen Bonus

Posted on April 04, 2007
The Court of Appeals just published Sawyer v. Mills, an appeal from an action by Sawyer to recover a bonus, which she alleges that Mills promised to pay. Sawyer established that Mills had promised to reward her for her assistance in instituting a Fen-Phen class action lawsuit...