Statute of Limitations | Kentucky Court Report

Case Notes: Statute of Limitations and Relation Back Doctrine Applied to Amended Complaint to Include Estate

by Michael Stevens | Jan 20, 2018 | Case Notes, Civil Procedure, COA Decisions, Statute of Limitations | 0 |

Gailor v. Alsabi distinguished on its facts to permit the original complaint to be amended and relate back when defendant driver died before service, but an Administrator was appointed within the statute of limitations. This...

Case Notes: Wrongful death claim accrued from date no later than defendant’s indictment (Flick vs. Estate of Christina Wittich; COA Published 2/6/2015)

by Michael Stevens | Feb 12, 2015 | Case Notes, COA Decisions, Insurance, Statute of Limitations, Wrongful Death | 0 |

FLICK (MICHAEL JOSEPH) VS. THE ESTATE OF CHRISTINA WITTICH COA, Published 2/6/2015 OPINION REVERSING AND REMANDING MAZE (PRESIDING JUDGE); KRAMER (CONCURS) AND J. LAMBERT (DISSENTS AND WILL NOT FILE A SEPARATE OPINION) MAZE,...

Case Notes: Watch out for the 1 year Statute of Limitations and Premises Liability – Landel vs. The Kroger Company (COA NPO 1/16/2015)

by Michael Stevens | Jan 19, 2015 | Case Notes, COA Decisions, Defenses, Statute of Limitations, Torts | 0 |

The one-year state of limitations for most torts may be the law, and may work in many cases, but it can be way too short in this era of trying to figure out who the proper party is in this complex world of hide the ball from the...

Case Notes: INSURANCE & STATUTE OF LIMITATIONS: Second Panel of COA holds statute of limitations for UIM underinsured motorist benefits ACCRUES from date insurer denies the claim and not based upon date of accident of last PIP payment

by Michael Stevens | Aug 17, 2014 | Case Notes, COA Decisions, Court of Appeals, Insurance, Statute of Limitations, Tort Report, UM and UIM | 0 |

Court of Appeals has now held in a second published decision that the statute of limitations on a UIM claim begins to run when the insurer denies a claim for UIM coverage. I have addressed this issue of accrual multiple times...

DEFENSES: Statute of limitations applied to legal negligence claim, date of discovery vs. date of occurrence (BDT Products vs. Higgs, Fletcher & Mack, COA NPO 12/13/2013)

by Michael Stevens | Dec 13, 2013 | Attorneys, COA Decisions, Court of Appeals, Defenses, Statute of Limitations | 0 |

Legal Malpractice. Statute of Limitations.BDT Products, Inc. vs. Higgs, Fletcher & Mack12/13/2013 COA NPOFollowing a careful review, we find the circuit court erred when it concluded that BDT’s legal negligence complaint was...

SOL: COA decision holding that the last PIP payment actually made or reissued is the last date for SOL purposes (even if mistakenly stated by the reparations obligor and relied upon by the injured insured) is pending MDR before SCOKY. (Beaumont vs. Muluken, COA, NPO 6/28/2013)

by Michael Stevens | Oct 8, 2013 | COA Decisions, Statute of Limitations | 1 |

Beaumont vs. Zeru Muluken, COA, NPO, 6/28/2013 (pending motion for discretionary review before the Kentucky Supreme Court) produces a horrendous result with the clear and succinct analysis found in the dissent rather than the...

Case Notes: Of UIM, Statutes of Limitation and Gordian Knots. Riggs v. State Farm Holds Contractual limitation for Underinsured Motorist Claim Matching Up with Tort Claim is Unreasonable.

by Michael Stevens | Jul 22, 2013 | Case Notes, Insurance, Statute of Limitations, UM and UIM | 0 |

Court of Appeals held that State Farm’s contractual limitation in the automobile insurance policy requiring any action for underinsured motorist (UIM) benefits be brought within two years of the date of the injury or the...

STATUTE OF LIMITATIONS, TOLLING, DOES THE DISCOVERY RULE APPLY RE THE PROPER DEFENDANT? Bland v. City of Mt. Washington, COA, NPO, 7/13/2012

by Michael Stevens | Jul 26, 2012 | COA Decisions, Defenses, Statute of Limitations | 0 |

The following unpublished decision by the Court of Appeals offers some black letter law on the accrual of a tort claim applying the discovery rule on a premises liability case. Note the claimant fell in an obscure hole...

Medical Negligence Statute of Limitations not tolled for continuous course of treatment (Litsey v. Allen, COA, Pub., 6/1/2012)

by Michael Stevens | Jul 16, 2012 | COA Decisions, Defenses, Insurance, Medical, Statute of Limitations | 0 |

Retired (and Senior Judge) Joseph Lambert’s decisions are almost always a breath of fresh air in succinctness, analysis, and lack of extraneous issues. In the following decision, Senior Judge Lambert addressed the...

Statute of Limitations for car accidents is 2 years from accident or date last pip payment check is issued. Dickey v. Liberty Mutual, COA, NPO, 5/4/2012

by Michael Stevens | Jul 5, 2012 | COA Decisions, Insurance, Statute of Limitations | 0 |

Another reminder that the statute of limitations for automobile accidents under the No-Fault Act runs two years from the date of the accident or the last date of payment of pip benefits. Date of payment is the date the check is...

Timely filing of lawsuit met by mailing but nonetheless received at the clerk’s office on time but summons issued later (Helton v. Jerry’s Discount, COA, NPO, 11/23/2011)

by Michael Stevens | Nov 25, 2011 | Statute of Limitations | 0 |

1090. STATUTE OF LIMITATIONS.HELTON (LISA)VS.JERRY'S DISCOUNT, INCOPINION VACATING AND REMANDINGACREE (PRESIDING JUDGE)STUMBO (CONCURS) AND LAMBERT (CONCURS)2010-CA-000658-MRNOT TO BE PUBLISHEDMENIFEE ACREE, JUDGE: The issue...

SCOKY: Torts, Statute of Limitations, MVRA and loading or unloading vehicle; Interlock Industries v. Rosenman’s Inc. 10/27/2011

by Michael Stevens | Nov 15, 2011 | Statute of Limitations, Torts | 0 |

SCOKY delineated the statute of limitations on unloading a truck as one year and not two years as is typical for the MVRA. I must state the dissents are better reasoned and follow a more common sense approach which is in line...

Category: Statute of Limitations

Case Notes: Statute of Limitations and Relation Back Doctrine Applied to Amended Complaint to Include Estate

Case Notes: Wrongful death claim accrued from date no later than defendant’s indictment (Flick vs. Estate of Christina Wittich; COA Published 2/6/2015)

Case Notes: Watch out for the 1 year Statute of Limitations and Premises Liability – Landel vs. The Kroger Company (COA NPO 1/16/2015)

Case Notes: INSURANCE & STATUTE OF LIMITATIONS: Second Panel of COA holds statute of limitations for UIM underinsured motorist benefits ACCRUES from date insurer denies the claim and not based upon date of accident of last PIP payment

DEFENSES: Statute of limitations applied to legal negligence claim, date of discovery vs. date of occurrence (BDT Products vs. Higgs, Fletcher & Mack, COA NPO 12/13/2013)

SOL: COA decision holding that the last PIP payment actually made or reissued is the last date for SOL purposes (even if mistakenly stated by the reparations obligor and relied upon by the injured insured) is pending MDR before SCOKY. (Beaumont vs. Muluken, COA, NPO 6/28/2013)

Case Notes: Of UIM, Statutes of Limitation and Gordian Knots. Riggs v. State Farm Holds Contractual limitation for Underinsured Motorist Claim Matching Up with Tort Claim is Unreasonable.

STATUTE OF LIMITATIONS, TOLLING, DOES THE DISCOVERY RULE APPLY RE THE PROPER DEFENDANT? Bland v. City of Mt. Washington, COA, NPO, 7/13/2012

Medical Negligence Statute of Limitations not tolled for continuous course of treatment (Litsey v. Allen, COA, Pub., 6/1/2012)

Statute of Limitations for car accidents is 2 years from accident or date last pip payment check is issued. Dickey v. Liberty Mutual, COA, NPO, 5/4/2012

Timely filing of lawsuit met by mailing but nonetheless received at the clerk’s office on time but summons issued later (Helton v. Jerry’s Discount, COA, NPO, 11/23/2011)

SCOKY: Torts, Statute of Limitations, MVRA and loading or unloading vehicle; Interlock Industries v. Rosenman’s Inc. 10/27/2011

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