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Posted by Michael Stevens | Oct 22, 2017 | COA Minutes, Court of Appeals, Minutes - COA and SCOKY |
PUBLISHED DECISIONS: 895. Revenue & Taxation Fayette County Clerk v. Kings Right LLC Opinion Reversing and Remanding ruling that KY Board of Tax Appeals erred in upholding Appellant’s refusal to refund the purchase price...
Read MorePosted by Michael Stevens | Oct 17, 2017 | Bad Faith, Causes of Action, Elements of Proof, Insurance |
The Kentucky Motor Vehicle Reparation Act, KRS 304.39, et seq., provides an exclusive remedy where an insurance company wrongfully delays or denies payment of no-fault benefits. There is no other Kentucky statute, regulation or...
Read MorePosted by Michael Stevens | Oct 17, 2017 | Case Notes, Causes of Action, COA Decisions, Torts |
The common law tort of breach of fiduciary duty requires the plaintiff to plead and prove four basic elements: “(1) the existence of a fiduciary duty; (2) the breach of that duty; (3) injury; and (4) causation.” Baptist Phys....
Read MorePosted by Michael Stevens | Oct 17, 2017 | Bad Faith, Case Notes, Causes of Action, Insurance, Torts |
Punitive damages were not permitted for the breach of contract claim in Federal Kemper Ins. Co. v. Hornback, 711 SW 2d 844 (Ky. 1986). However, Justice Liebson’s dissent is noted for future reference on the existence of a...
Read MorePosted by Michael Stevens | Oct 16, 2017 | Case Notes, Causes of Action, Elements of Proof, Torts |
To recover for a claim for intentional interference with contractual relations, a plaintiff must establish the following elements: (1) the existence of a contract; (2) Defendants’ knowledge of this contract; (3) that it intended...
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