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| Adkins v. Ky. Nat'l Ins. Co., NO. 2005-CA-002213-MR,
COURT OF APPEALS OF KENTUCKY, April 6, 2007, Rendered
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Overview: Insurer was not required to stack multiple units of UM coverage where single premium was charged and premium was actuarial and was not based on number of vehicles insured; thus, trial court properly granted summary judgment in favor of insurer in action to recover stacked benefits as policy called for a single actuarial premium for three vehicles.
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| Dyer v. Providian Auto & Home Ins. Co., NO. 2005-CA-002236-MR,
COURT OF APPEALS OF KENTUCKY, April 6, 2007, Rendered
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Overview: Because an administratrix accepted a settlement payout from a liability insurer, it precluded recovery from her insurer's uninsured motorist policy under Ky. Rev. Stat. Ann. § 304.20-020(2), notwithstanding the liability insurer's continued denial of coverage; therefore, the circuit court properly granted summary judgment to the insurer.
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| Johnston v. Labor Ready, Inc., NO. 2005-CA-001587-MR,
COURT OF APPEALS OF KENTUCKY, April 6, 2007, Rendered
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Overview: Summary judgment for temporary service in claim brought by worker allegedly injured by negligence of temporary employee working for worker's employer was error because, inter alia, under Ky. Rev. Stat. Ann. § 342.610(2), employer was a contractor and temporary service was subcontractor. As contractor, employer did not have up-the-ladder immunity.
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| Louisville/Jefferson County Metro Gov't v. TDC Group, LLC, NO. 2006-CA-000068-MR, NO. 2006-CA-000113-MR,
COURT OF APPEALS OF KENTUCKY, April 6, 2007, Rendered
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Overview: Although the Alcoholic Beverage Control Board incorrectly measured the 700-foot distance between licensees required by Ky. Rev. Stat. Ann. § 241.075, because § 241.075 was a local or special legislation, in violation of Ky. Const. §§ 59, 60, a city/county's denial of a licensee's application for a retail liquor drink license was properly denied.
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| Miller v. Hutson, NO. 2005-CA-001049-MR,
COURT OF APPEALS OF KENTUCKY, April 6, 2007, Rendered
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Overview: Trial court properly granted developer's motion seeking partial summary judgment as to buyers' claims arising out of the construction of a new home because the evidence showed that the developer did not build the house and the claim did not fit into the exception of the caveat emptor doctrine which generally applied to the sale of a house.
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| Mims v. Western-Southern Agency, Inc., NO. 2006-CA-000657-MR,
COURT OF APPEALS OF KENTUCKY, April 6, 2007, Rendered
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Overview: Trial court erred in granting insurance agency's motion to dismiss claimant's lawsuit alleging insurance company and its agent negligently failed to effectuate her late father's intent to make her sole beneficiary of his life insurance policy; allegations in complaint, if proven, would support substantial compliance recognized under Kentucky law.
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| Pence v. Searcy, NO. 2006-CA-000424-MR,
COURT OF APPEALS OF KENTUCKY, April 6, 2007, Rendered
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Overview: Substantial evidence supported Commonwealth personnel board's finding that the employee had resigned from Commonwealth employment and, thus, that her employment with the Commonwealth had ended; trial court erred in concluding that Ky. Rev. Stat. Ann. § 18A.095 barred acceptance of her resignation since that statute did not mention resignations.
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| Turner v. Perry County Coal Corp., NO. 2006-CA-001019-MR,
COURT OF APPEALS OF KENTUCKY, April 6, 2007, Rendered
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Overview: Illegitimate daughter of decedent who died in 1962 had no claim to real property owned by the decedent when he died; repealed Ky. Rev. Stat. Ann. § 391.090 governed intestate succession at that time and did not allow illegitimate children to inherit from their fathers, and a 1977 ruling striking down statute as unconstitutional was not retroactive.
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