COAM 2014:08 – Court of Appeals Minutes February 21, 2014 – RE: interlocutory appeals, sovereign immunity in contract claim, confidentiality of depositions, no direct action against insurer in liability claim (third party)

A brief summary of the COA published decisions for Feb. 27, 2014 include

168. Bituminous Casualty Corp. vs. Est. of Lahoma Salyer:  Appeals dismissed as interlocutory with appellate court raising the issue sua sponte.

169. Interactive Gaming Council vs. Commonwealth of Kentucky:  Reversed trial court and held appellant had associational standing to intervene in forfeiture of domain name proceedings.

170. Commonwealth of Kentucky vs. Samaritan Alliance:  Interlocutory appeal of breach of contract claim and doctrine of sovereign immunity.

173. Fiorella vs. Paxton Media Group:  Judges order that portions of deposition testimony should not be concealed to the public even after parties denomination that those portions were “confidential” was affirmed.

174.  Mortgage Electronic Registration Systems Inc. vs. Main Source Bank:  Reversed trial court’s order denying 59.05 relief seeking to vacate order confirming commissioner’s sale.

187.  Dept. of Rev, Finance and Admin. Cab. vs. Roanoke Cement Company LLC: Affirmed final order of Board of Tax Appeals favorable to taxpayer.

Some Tort, Insurance and Civil Procedure decisions (in addition to the interlocutory appeal and confidentiality of deposition issues above):

186. Insurance.
Estate of Moore vs. Kentucky Farm Bureau Mutual Ins. Co.  COA, NPO 2/21/2014
Affirmed sismissal of wrongful death claim (but without prejudice) asserted against insurer rather than insureds.


The Court of Appeals of Kentucky (COAKY) announced 36 decisions on February 21, 2014 numbered  167-189.  Five (5)  decisions were designated “to be published”.  Click here for complete list of all archived Court of Appeals’ Minutes that you can download from the Administrative Office of the Courts’ web site.

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