PUBLISHED DECISIONS.
470. Golden Gate National Senior Care LLC v. Estate of Loraine Brown
Affirmed order of the Franklin Circuit Court holding that the Appellants’ (collectively, Golden Living Center’s) arbitration agreement is invalid and denying the motion to dismiss or stay the Appellee’s claims.
472. Yates v. Commonwealth of Kentucky
Found no error in admitting curriculum vitae of state’s expert witness in child abuse case containing multiple reference to child abuse expertise.
475. Trilogy Healthcare DBA The Willows at Hamburg v. Estate of Kenneth Tachau
Affirmed directed verdict dismissing claims under Resident’s Bill of Rights as claims had expired upon resident’s death. Affirmed the jury instructions related to punitive damages were properly submitted to the jury and that there was sufficient evidence to support an award of punitive damages against The Willows.
481. Mefford, a minor v. Geico Ins. Co.
Affirmed dismissal of decedent estate’s and minor’s claims for underinsured motorist benefits. Held policy governed by Indiana law and subject to the set off provision. Choice of law and contractual provisions examines and fraud and misrepresentation in obtain Geico policy. Even if we concluded that Kentucky has the most significant contacts and, thus, Kentucky law should apply, the fraud and misrepresentation clause in the policy would apply to facts here. An insured cannot provide one set of facts to an insurance company to qualify for lower premiums and another set of facts to thecourt for purposes of avoiding or evading the contract’s choice of law provision.Based on Hayes’s misrepresentations, GEICO was justified in denying UIM benefits and the trial court correctly granted GEICO’s motion for summary judgment.
