COA: November 22, 2017 Court of Appeals Decisions (Minutes)

Nos. 981-1009: 29 Decisions Posted with no decisions designated 'to be published' with links to full text of each decision



Selected cases that were not designated for publication in tort, insurance and civil law. None.

984.  Insurance Coverage.  Coverage re terms of “occurrence” and “intentional”.
Brown v. Kentucky Farm Bureau Mutual Ins. Co.
Affirmed summary judgment in favor of the defendant in the wrongful death claim that involved shooting and burial of the body. The mother of the decedent attempted to distinguish the shooting from the damages she sustained by the burial and hiding the body. This was not considered a covered “occurrence” under the policy.  In addition, the bodily injury was not covered since it was a harm expected or intended by the insured.

997.  Reversed dismissal of default judgment granted in favor of the insurance company.
Amica Mutual  Insurance  Company  v.  Marzette

1001.  Affirmed dismissal of claim for malicious prosecution.
O’Hara v. Marsh


For the index to archived minutes at the official AOC page, then click here.

For more information on each of the published and unpublished decisions and obtaining case information, then continue reading below the fold.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision.  Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.