2007-CA-001255 9/11/09 2009 WL 2901196 Released for pub. Opinion by Senior Judge Lambert; Judges Clayton and Thompson concurred.
The court affirmed a judgment of the trial court approving a mediated settlement in a medical negligence action. The court first held that the trial court did not err in denying a motion to dismiss the underlying claim for untimeliness. After the claim was dismissed for improper venue and re-filed in the proper venue, the action was protected by the saving statute, KRS 413.270(1), when it was filed within the additional ninety-day period. The Court next held that the trial court did not err in approving the mediated settlement. The insurer had the authority to settle the claim under the terms of the insurance contract after it notified the insureds that their medical malpractice policy would not be renewed and the insureds failed to preserve their right to require the insurance company to refrain from any settlement they did not approve by purchasing ongoing insurance coverage. The court finally held that the trial court did not abuse its discretion by failing to award attorney fees to the complainants when it followed the general rule that parties in litigation are responsible for their own attorney fees.
