Court of Appeals Minutes for September 5th
September 10, 2008
The Court of Appeals recently posted its minutes for September 5th, here. One published case dealing with torts and insurance.
The case of Rudolph v. Shelter Insurance Companies, the Court of Appeals dealt with the issue of a misrepresentation in a fire policy and whether summary judgment was proper for Shelter. Rudolph applied for fire insurance policy with Shelter Insurance Company. After his house burned to the ground it was revealed that he was convicted of a felony (manufacturing methamphetamine). The application asked if anyone applying for insurance had been convicted of a felony. Rudolph’s application denied any such convictions. After Shelter found out about the misrepresentation they rescinded the policy, claiming it was material to the risk and had it known it would not have issued the policy. The trial court granted summary judgment.
Rudolph claimed that he did not fill out the answers to the application, was not asked the question by the agent, and was not aware that the answer was false. He alleged that he only signed the application in a perfunctory manner. The court of appeals believed that an issue of fact existed whether Rudolph should be held responsible for a misrepresentation on an application when there was an issue as to whether he actually made the misrepresentation or whether the agent ever asked him the question. The court of appeals noted that Kentucky law differentiates between those cases when the applicant in a fire policy fills out the application and signs it, and those when the agent fills out the information and the application is signed only as a formality. It reversed the summary judgment.
KLR Reports on $5.1 Million Dollar Verdict!
September 10, 2008
The Kentucky Law Review recently reported on the $5.1 million dollar verdict in Jefferson County. The KLR notes it is one of the highest awards in recent memory and links to the Courier Journal article, discussing the case. Click on the link to read the entire KLR review with a link to the article.
I would also like to remark on the recent changes to the KLR. Congratulations to Mike Stevens on the recent upgrades in style and layout. Nice paint job, Mike! Very impressive. Keep up the good work.
KTJ Podcast Of Court of Appeals Minutes For August 29th.
September 10, 2008
Today I discuss the Court of Appeals Minutes for August 29, 2008, and the interesting case of Lee v. Shower, MD and Maysville Obstetrics, a medical negligence case, which resulted after the death of an infant from complications during delivery.
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Court of Appeals Minutes for August 22nd
August 25, 2008
The Court of Appeals has posted its minutes for August 22nd, here. There was only one published case dealing with torts and insurance. Please check back for my digest with comments.
The Kentucky Supreme Court just published Nanny v. Smith, which extended the time for filing a lawsuit in the Commonwealth of Kentucky in those cases where the suit is timely filed, but the clerk delays issuance of a summons. Under Kentucky law the issuance of the summons begins the lawsuit, not the filing of the Complaint. In today’s Podcast I talk about the decision and comment on its impact. Click the play button below to listen.
Supreme Court Minutes for August 21st
August 22, 2008
The Kentucky Supreme Court has posted its minutes for August 21, 2008, here. Only one important published case dealing with torts and insurance. Nanny v. Smith, which dealt with the issue of when a Complaint was timely filed; is it when the Complaint is filed or when summons is issued. You can click the link to read the case but check back for my digest.
Lazy Days of Summer
August 8, 2008
It seems like only yesterday that I took a weeks vacation. Of course, it wasn’t, although you would think so given my lack of postings. Unfortunately, I am behind and summer seems to have zapped whatever motivation I have had to write about the law. Or, maybe, I am just really, really, busy. Running your own law practice is a heck of lot harder then being an employee of another. I have been given, when asked; “What do you do?”, to saying; “I am a lawyer, I practice law in my free time.” This is exactly how I feel. When I am not running my practice, I am practicing the law. That has left my little “hobby” far down on my list of things to do.
In either event, I hope to get back on track. Look for postings on the Court of Appeals Minutes and interesting tort and insurance cases. I’ll start with this weeks minutes and work my way backwards. While some would argue that doesn’t make sense, I found it’s easier to get a grasp on what’s happening and then when I have time, blog about what has happened. Besides, if my readers are anything like me, I imagine the lazy days of summer have an equally firm grasp on them too and reading my blog isn’t necessarily on the top of their lists, either.
Smaller Car, Bigger Insurance Bill
July 10, 2008
Microsoft Money has an interesting article on the link between smaller cars and higher insurance bills. Particularly useful given the statistics which show that Americans are turning to smaller cars to deal with higher gasoline costs. An excerpt:
Americans are looking to smaller cars for savings on spiraling gas prices and for lower emissions, but auto insurance savings may not follow.
…
But does a smaller vehicle equate to smaller car insurance rates? The answer, surprisingly, is usually no.
According to Insure.com’s research on auto insurance rates, switching from a larger vehicle to a small car such as a Civic or a Prius is likely to raise your insurance premium:
Click here to read the entire article.
Court of Appeals Minutes for July 4th.
July 10, 2008
The Court of Appeals has posted its minutes for July 4th, here. There weren’t any published cases dealing with torts or insurance.
Kentucky Law Review Rated in National Top Ten
July 9, 2008
Congratulations to Mike Stevens and his Kentucky Law Review for consistently being in the national top ten of the nation’s blogs. This is quite an accomplishment. You can read Mike’s well deserved summary of his blogs accomplishments, here.
