Court of Appeals Minutes for April 25th

April 25, 2008

The Court of Appeals has posted its minutes for April 25th, here.  There was only one published decision dealing with torts and insurance law.  The Court rendered an opinion in the case of Graham v. Rogers, which involved the question of when a vehicle transfers between individual buyers and sellers for purposes of ownership and, therefore, responsibility for insurance coverage.

Louden sold a vehicle to Angel Rogers and delivered the title.  Rogers did not file the documents with the Clerk’s office and was later involved in an accident with Graham.  Graham argued Louden was the owner, for among other things, failing to  notify the clerk pursuant to KRS 186A.215(4) that the vehicle had not been registered within 15 days.

The Court noted the section states; “If it comes to the attention”, of the transferor. The Court noted that the legislature did not say it was incumbent upon the seller to verify that the buyer had submitted the necessary documents within fifteen days of the sale.  The legislature has not chosen to “establish an affirmative duty on the seller to insure the buyer compliance with KRS 186A.215(3) (sic).” The Court believed it was Rogers responsibility to transfer the title and not Louden’s to insure she had done so.

Editor’s Note:  Good case that finally clears up some confusion over the duties on the part of individual sellers and buyers in the titling of motor vehicles.  Now if the legislature can get it down to ONE step necessary to transfer ownership, we have it made.

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