Insurance Law

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...

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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.

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