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.
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.
June 23, 2008
The Supreme Court has posted its minutes for June 19th, here. There are some new and interesting cases in the area of tort and insurance law, so please check back for digests discussing those cases.
May 23, 2008
The Supreme Court posted its minutes for May 22nd. There weren’t any published cases dealing with torts and insurance.
However, there was an order denying the motion for discretionary review in the case of Condispoti v. First Financial Ins. Co, which I previously posted about, here. As you can tell from my previous post, I think this is a shame. I believe that the Court of Appeals not only got it wrong, but expressed a fundamental misunderstanding of insurance law, which is concerning. The Supreme Court’s failure to review the decision is equally disturbing. The SC did order the opinion to be unpublished, which is little consolation to the driver who is now personally liable for James Condispoti’s injuries, even though everyone agreed he was an insured under the policy.
April 24, 2008
The Supreme Court has posted its minutes for April 24th, here. Check back for digests of important cases dealing with tort and insurance law.
March 24, 2008
The Supreme Court has published its minutes for March 20th, here. Please check back for digests of published cases.