The Court of Appeals posted 10 decisions this week, numbered 844 through 853 with 2  cases designated for publication.

Not too many decisions this week, but the unpublished decision of State Farm Ins. Co. a/s/o Santos I. Cruz v. Morris was one we don’t see often.  State Farm paid pip benefits to its insured and then sued on its subrogation claim directly against Morris who was uninsured.  Morris did not file an answer, and State Farm obtained a default judgment and had a hearing on damages since the claims were not liquidated. State Farm tendered the medical bills, but the trial court said not enough evidence and awarded zero damages.  State Farm appealed, and the Court of Appeals vacated the lower court’s judgment holding the medical bills paid by State Farm for the benefit of its insured were good enough.

All decisions regardless of publication are posted and can be read, but just cannot be cited as legal authority.    You will find the complete list of this weeks 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.

Published Court of Appeals Decisions
Here are the links to the full text of each published case for this week (9/9/2016) with a short synopsis or topic listed for each.

845.  Criminal Law
Kays v. Commonwealth of Kentucky 
Court of Appeals Published Opinion AFFIRMING Jefferson Cir. Ct.

852.  Family Law.
Boone v Boone
Court of Appeals Published Opinion VACATING AND REMANDING Jefferson Cir Ct.

Selected Non-Published Decisions Dealing with tort, insurance and civil procedure:

849.  Insurance Law. PIP subrogation
State Farm Ins. Co. a/s/o Santos I. Cruz v. Morris
Court of Appeals Published Opinion REVERSING Jefferson Cir Ct. dismissal of PIP subrogation against uninsured motorist holding contrary to the trial judge’s rulings the medical bills were enough to prove unliquidated damages at hearing following default judgement on liability.

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