Kentucky Tort Report

• December 2011
• September 2008
• May 2008
• March 2008
• December 2007
• August 2007
• July 2007
• June 2007
• May 2007
• April 2007

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• December 2, 2011 COA Minutes -- Nos. 1099-1116 (18 decisions; 3 published)
• Emotional distress damages does not include negligent infliction of emotion distress to claimant for witnessing child's death in MVA: NATIONWIDE PROPERTY AND CASUALTY INS. CO. V. CAPLE (NPO; COA 7/11/2008)
• Tortfeasor is released upon invocation of Coots notice to UIM carrier: MCGRANNAHAN V. BOMAR (NPO; COA 7/11/2008)
• Dismissal for lack of prosecution includes counterclaims etc. : GARRITSON V. TIMMONS (NPO; COA 7/11/2008)
• Failure to raise defense of failure to join indispensable party does not waive jurisdiction: CONWAY V. SALT RIVER ELECTRIC (NPO; COA 7/11/2008)
• Trial court ruling affording coverage under insurance policy was interlocutory and not final and appealable: MUTUAL SERVICE CASUALTY INS. CO. v. HIMES (NPO; COA 7/11/2008)
• Certificate of insurance, negligent misrepresentation, and policy exclusions: ANN TAYLOR, INC. v. HERITAGE INSURANCE SERVICES, INC. (PUB; COA 7/11/2008)
• Using peremptory in lieu of denied challenge for cause is not harmless error: O'HAIR V. WELLS (NPO; COA 7/3/2008)
• UNDERINSURED MOTORIST BENEFITS NOT INCLUDE PTSD PER POLICY DEFINITIONS: ANGEL V. METROPOLITAN PROPERTY AND CASUALTY INS. CO. (NPO; COA 6/20/2008)
• Foreign insurer that does business in Kentucky is not required to provide uninsured motorist benefits, but if it does it provides minimum limits under Kentucky law; KRS 304.39-110(2): DAVILA V. ALLSTATE INS. COM. (NPO; COA 6/20/2008)