Tort Report | Kentucky Court Report

SC: August 21, 2014 Supreme Court of Ky Decisions (Minutes 113-144): federal plea agreements with waivers of ineffective assistance of counsel fatal for conflicts of interest; preserving argument for appeal with offers of proof under KRE 103; SC takes a bite out of Patient Safety and Quality Improvement Act of 2005 (“PSQIA”) privilege; estate recovers for death of confidential informant when state police use him knowing his cover was blown

by Michael Stevens | Aug 26, 2014 | Immunity, Minutes - COA and SCOKY, SCOKY - Supreme Court, SCOKY Minutes, Tort Report | 0 |

The Supreme Court of Kentucky announced a 32 decisions on August 21, 2014, with 14 of the Kentucky Supreme Court cases designated for publication addressing: federal plea agreements with waivers of ineffective assistance of...

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...

Case Notes: INSURANCE (UM): UM Policies. Do they follow the car or the named insured, and are they primary or subject to excess and pro rata provisions? Well, let the Supreme Court decide!

by Michael Stevens | Aug 1, 2014 | Case Notes, COA Decisions, Insurance, SCOKY Discretionary Review, Tort Report, UM and UIM | 0 |

A heretofore sacred cow rule for uninsured motorist benefits that the uninsured motorist benefits (UM) follows the car was re-examined with a new rule emanating from the Kentucky Court of Appeals in Countryway Ins. Co. v....

DEFENSES: Qualified Official Immunity, Ministerial vs. Discretionary, County Roads, Fiscal Court & Road Forman, & Design, repairs and maintenance. Estate of Megan Morris vs. Tony Smith (COA,Published 5/9/2014)

by Michael Stevens | Jul 15, 2014 | COA Decisions, Defenses, Immunity, Tort Report | 0 |

A detailed analysis was undertaken by the Court of Appeals addressing responsibilities and duties of the fiscal court and county road official for the operation and maintenance of county roads within the context of official...

Standard of Review: Rule 11 Sanctions Imposed by Trial Court

by Michael Stevens | Feb 18, 2014 | COA Decisions, Opening & Closing Argument, Standards of Review, Tort Report, Trial, Trial Practice | 0 |

Persels & Associates LLC v. Capital One Bank COA PUB 2/14/2014 (Presiding Judge Clayton) Daviess County, Trial Judge Joseph Castlen, III CLAYTON, JUDGE: Persels & Associates, LLC appeal the Daviess Circuit Court’s...

Rule 11 Sanctions: Local counsel must sign pleadings!

by Michael Stevens | Feb 18, 2014 | Civil Procedure, COA Decisions, Tort Report, Trial | 0 |

You write it! You sign it. In this decision, local counsel was sanctioned when hired to assist national collections law firm in a Kentucky court case. Their “agreement” was no need to sign or appear, but the Court...

Cause of Action: Discrimination Based Upon National Origin

by Michael Stevens | Feb 8, 2014 | Causes of Action, COA Decisions, Discrimination, Tort Report | 0 |

John Charalambakis v. Asbury College COA PUB 2/7/2014 THOMPSON, JUDGE: John Charalambakis, a former professor at Asbury College, sued for employment discrimination, breach of contract and defamation. Charalambakis appeals from...

INSURANCE (UM): “Other insurance”, excess insurance and priority of UM coverage with vehicle in collision and personal policy (Countryway vs. United Financial Cas. Co., COA PUB 1/24/2014)

by Michael Stevens | Jan 24, 2014 | COA Decisions, Insurance, Tort Report, UM and UIM | 0 |

Uninsured motorist benefits and priority between two policies; “other insurance” Countryway Ins. Co. v. United Financial Casualty Co. Warren Cir. Ct., Judge John R. Grise COA, PUB 1/24/2014, Presiding Judge Allison...

DEFENSES: No bad faith when no underlying insurance policy (Murphy vs. Travelers, COA NPO 1/17/2014)

by Michael Stevens | Jan 17, 2014 | Bad Faith, COA Decisions, Court of Appeals, Insurance, Tort Report, Torts | 0 |

Insurance. Torts. Unfair Claims Settlement Practices Act. Murphy vs. Travelers Cas. and Surety Co. COA, NPO 1/17/2014 Here the COA stated the obvious and affirmed the dismissal of a claim of violation of the Unfair Claims...

DEFENSES / INSURANCE: Estoppel to deny coverage by failure to timely raise reservation of rights (Ohio Cas. Co. vs. Wellington Place Council, COA NPO 1/20/2014)

by Michael Stevens | Jan 10, 2014 | COA Decisions, Court of Appeals, Defenses, Insurance, Tort Report | 0 |

Insurance. Estoppel to deny coverage. Ohio Ca. Ins. Co. vs. Wellington Place Council of Co-Owners Homeowners Association COA NPO 1/10/2014 The COA affirmed the trial court’s determination that the insurance company was estopped...

KTR 2013:09. Kentucky Tort Report of Selected Decisions from the Kentucky Supreme Court and Court of Appeals for the month of September 2013

by Michael Stevens | Oct 2, 2013 | Tort Report | 0 |

Kentucky Tort Report of Selected Decisions from the Kentucky Supreme Court and Court of Appeals for the month of September 2013. Highlighted issues from this month’s cases dealt with certification of class for class action...

2013:08. Kentucky Tort Report of Selected Decisions from the Kentucky Supreme Court and Court of Appeals for the month of August 2013, Published and Not Published

by Michael Stevens | Sep 30, 2013 | Tort Report | 0 |

Kentucky Tort Report of Selected Decisions from the Kentucky Supreme Court and Court of Appeals for the month of August 2013, Published and Not Published. SYNOPSIS OF DECISIONS: Complex case involving multiple parties and issues...

2013:07. Kentucky Tort Report of Selected Decisions from the Kentucky Supreme Court and Court of Appeals for the month of JULY 2013

by Michael Stevens | Jul 30, 2013 | Tort Report | 0 |

Kentucky Tort Report of Selected Decisions from the Kentucky Supreme Court and Court of Appeals for the month of September 2013 Synopsis of this month’s tort report of selected decisions on civil procedure, torts, appeals,...

KTR 2013:06. Kentucky Tort Report of Selected Decisions from the Kentucky Supreme Court and Court of Appeals for the month of JUNE 2013

by Michael Stevens | Jul 15, 2013 | Tort Report | 0 |

Kentucky Tort Report of Selected Decisions from the Kentucky Supreme Court and Court of Appeals for the month of June 2013. Synopsis of this month’s tort report of selected decisions on civil procedure, torts, appeals,...

Tort Report for Court of Appeals decisions from May 24, 2013

by Michael Stevens | Jul 14, 2013 | Tort Report | 0 |

This weeks tort report addresses decisions from the Court of Appeals for May 24, 2013. 511. Warren v Winkle Published, Jefferson County, Judge Gibson Summary judgment in premises liability case addressing lease, subsequent...

February 2013 – Topical Summary of Kentucky Court of Appeals Published Decisions with Digests and Links to Full Text (prepared by the AOC)

by Michael Stevens | Jun 8, 2013 | COA Monthly Summaries, Court of Appeals, Monthly Summaries of Published SC and COA Decisions 2012+, Tort Report | 0 |

Not all roads lead to Rome; and not all roads to the courthouse are paved with stones and steps. Why they called the way from Louisville to Nashville the Courthouse Road, I do not know, but this was the way until 1829 when the...

Tort Report for COA Decisions of May 17, 2013 re: Free medical record copy; CGL insurance policy coverage dispute; supplementing damage interrogatories; liquidated damages; sovereign immunity

by Michael Stevens | May 24, 2013 | Tort Report | 0 |

This weeks tort report addresses decisions from the Court of Appeals for May 17, 2013. 490. Free copy of medical records. Eriksen PSC vs. Gruner & Simms, PSC COA, Published 5/17/2013 Jefferson County See our separate post: ...

Tort Report for COA Decisions of May 10, 2013

by Michael Stevens | May 13, 2013 | Court of Appeals, Tort Report | 0 |

The Tort Report from May 10, 2013 addressing decisions from the Court of Appeals: Published: A family law decision addressed a civil procedure matter under CR 59.05 and motion to set aside, alter, or vacate. Bailey vs. Bailey...

Tort Report for Feb. 2012 – timely filing of appeal; finality for filing appeal; Rule 11; class action certification; teacher’s qualified immunity; statute of limitations, discovery rule, car accidents; zero verdict for pain and suffering; sudden emergency doctrine; juror challenge; reversed summary judgment for genuine issues; premises liability and subsequent remedial measures

by Michael Stevens | May 9, 2013 | Tort Report | 0 |

Here is the tort report for February 2012. Individual cases are below the fold, published and nonpublished, SCOKY and COA. However this month, there were no SCOKY TORT decisions. Issues: timely filing of appeal; finality for...

Tort Report for January 2012 – default judgment; immunity and sovereign immunity; res judicata; farm animals act (immunity); bullying; medical malpractice; and directed verdict.

by Michael Stevens | May 9, 2013 | Tort Report | 0 |

Here is the tort report for January 2012. Individual cases are below the fold, published and nonpublished, SCOKY and COA. However this month, there were no SCOKY decisions. Decisions re: default judgment; immunity and sovereign...

Category: Tort Report

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

Case Notes: INSURANCE (UM): UM Policies. Do they follow the car or the named insured, and are they primary or subject to excess and pro rata provisions? Well, let the Supreme Court decide!

DEFENSES: Qualified Official Immunity, Ministerial vs. Discretionary, County Roads, Fiscal Court & Road Forman, & Design, repairs and maintenance. Estate of Megan Morris vs. Tony Smith (COA,Published 5/9/2014)

Standard of Review: Rule 11 Sanctions Imposed by Trial Court

Rule 11 Sanctions: Local counsel must sign pleadings!

Cause of Action: Discrimination Based Upon National Origin

INSURANCE (UM): “Other insurance”, excess insurance and priority of UM coverage with vehicle in collision and personal policy (Countryway vs. United Financial Cas. Co., COA PUB 1/24/2014)

DEFENSES: No bad faith when no underlying insurance policy (Murphy vs. Travelers, COA NPO 1/17/2014)

DEFENSES / INSURANCE: Estoppel to deny coverage by failure to timely raise reservation of rights (Ohio Cas. Co. vs. Wellington Place Council, COA NPO 1/20/2014)

KTR 2013:09. Kentucky Tort Report of Selected Decisions from the Kentucky Supreme Court and Court of Appeals for the month of September 2013

2013:08. Kentucky Tort Report of Selected Decisions from the Kentucky Supreme Court and Court of Appeals for the month of August 2013, Published and Not Published

2013:07. Kentucky Tort Report of Selected Decisions from the Kentucky Supreme Court and Court of Appeals for the month of JULY 2013

KTR 2013:06. Kentucky Tort Report of Selected Decisions from the Kentucky Supreme Court and Court of Appeals for the month of JUNE 2013

Tort Report for Court of Appeals decisions from May 24, 2013

February 2013 – Topical Summary of Kentucky Court of Appeals Published Decisions with Digests and Links to Full Text (prepared by the AOC)

Tort Report for COA Decisions of May 17, 2013 re: Free medical record copy; CGL insurance policy coverage dispute; supplementing damage interrogatories; liquidated damages; sovereign immunity

Tort Report for COA Decisions of May 10, 2013

Tort Report for January 2012 – default judgment; immunity and sovereign immunity; res judicata; farm animals act (immunity); bullying; medical malpractice; and directed verdict.

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