Insurance Law

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...

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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...

Amendments to CR 8.01(2) Being Considered by the Supreme Court

Posted on August 02, 2006
The Supreme Court is currently considering an amendment to CR 8.01(2). This section allows a party to obtain information in interrogatories as to the amount of unliquidated damages claimed by a plaintiff. The amount claimed shall not exceed the last amount stated...

Burden Shifting Approach in Slip and Fall Cases Not Applicable to Employees of Independent Contractors

Posted on August 02, 2006
The Court of Appeals recently published, Brewster v. Colgate Palmolive Company, et al., which is the latest on premises liability implicating Lanier v. Walmart. Brewster was the employee of several contractors who worked at Colgate Palmolive and Jewish Hospital...

Vacation, uh no.

Posted on August 02, 2006
I apologize to my readers for my lack of posts the past few weeks, but I have been overwhelmed with other professional and personal responsibilities. While the lack of postings is always a source of anxiety for me, I think my obligation is to bring up to date and informative posts to my readers...

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