• Kentucky Court of Appeals 
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• Courier-Journal Law-related Stories
  • Three Democrats, three Republicans aim to become attorney general
    Two local lawyers in race - Chris Gorman (D) and Tim Feeley (R)
  • Justice Sandra Day O'Connor to speak at author forum

• Many, many thanks to Scott Byrd of Louisville for supplying the criminal law summaries of the published opinions from the Supreme Court.
  
• Law Firms on the Web
  • Patterson A. Decamp, Lexington, KY  - www.decamplaw.com
  • Franklin & Hance, Louisville, KY - www.lawyers.com/fhlaw/AttorneyList.jsp
  • Miller, Griffin and Marks - Lexington - www.kentuckylaw.com
  • Gary Lorenz - Paducah - http://www.angelfire.com/ky/kylaw/
  • Hall, Render, Killian, Heath & Lyman - Louisville - www.hallrender.com
  • Curt Davis - Richmond - www.curtdavislaw.com
  • Dodd and Dodd - Louisville - www.doddanddodd.com
     

• Got a question from a local lawyer.  He attended an elderlaw course, and two techniques were mentioned but no forms provided.  Therefore, does anybody out there have a sample form for - 
  

  • Qualified personal residence trust.
    

  • Private annuity.
    

  • If so, just email it to me at stevens@lawyer.com.  Let me know if it's ok to email to others, or post it as a form on the site with links to it (for those receiving the lawwire), and/or giving you a thanks for the assist.
    

• June 2003 CLE Seminar
  Please mark your calendars now for the 2003 Seminar to be held on June 5-6, 2003 at the Louisville Hurstbourne Convention Center.
  • Seminar Agenda
  • Registration Form

  
  

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• Auto Liability Insurance - Primary-Excess-Escape Clauses
  
  • KRS 304.20-065 -replacement  vehicle coverage
    The insured's collision coverage, if any, will extend to a loaned vehicle if the insured's negligence causes damage to such vehicle and the insured's vehicle is out of use because of breakdown, repair or servicing AND if the loaned vehicle is provided by a person, firm or corporation engaged in the  business of selling, repairing or servicing motor vehicles.
    
  • KRS 190.033
    While insured is operating a dealer's vehicle (loaner etc), the dealer's property damage liability coverage is excess to the insured property damage coverage for the insured's own negligence.
    
  • Empire Fire & Marine Ins. Co. v. Haddix, Ky. App., 927 S.W.2d 843 (1996)
    Where two insurance companies are contesting primary liability, and one policy contains a nonstandard escape clause while the other contains an excess clause, the escape clause prevails over the excess clause.
    
    Escape clause in dealership's garage policy prevailed over excess clause in driver's personal policy such that driver's personal insurer had primary obligation to defend and indemnify driver in suit arising from accident occurring while driver was operating temporary substitute vehicle rented from dealership.
    
  • Geico v. Globe Indemnity Ins. Co., Ky., 415 S.W.2d 581 (1967)
    Held full liability on claim within policy limits fell on permissive driver's insurer, relieving owner's insurer, where both policies contained "excess insurance" clauses but owner's policy in addition contained "escape clause" providing that policy would not cover person other than named insured and his employees if other valid and collectible insurance, either primary or excess, was available to such person.
    
  • Ohio Casualty Ins. Co. v. State Farm Mut. Auto. Ins. Co., Ky., 511 S.W.2d 671 (1974)
    Where both policies had the same type of "escape" clauses, then both the garage policy and the customer's policy would be liable jointly to the limits of the smaller coverage, and the insurer with the larger limits would pay the amount in excess of the smaller coverage up to its limits.
    
  • Royal Globe Ins.Co. v. Safeco Ins. Co. of America, Ky. App., 560 S.W.2d 22 (1977)
    Compulsory insurance laws are intended to protect public at large who might otherwise suffer from being injured by uninsured motor vehicles, and are not intended to protect other insurance companies; when controversy is between two insurers, liability for loss should be determined by terms and provisions of respective policies without regard to rights that injured third parties might assert under compulsory insurance law.
    
    Where injuries were caused by automobile temporarily furnished by automobile dealer to its customer and driven by another person with customer as passenger, and automobile dealer's liability policy contained "escape" clause and the customer's liability insurer policy contained an "excess" clause, then the customer's policy afforded primary coverage to driver for liability resulting from injuries caused by accident.  If both policies had contained "excess" clauses, then both would have applied pro-rata.
    
  • Rees v. USG & G, Ky. App., 715 S.W.2d 904 (1986)
    Escape clause in insurer's policy relieved insurer of coverage for tort liability of substitute vehicle involved in accident, but did not relieve insurer the garage of basic reparation benefits liability.
    
  • State Farm Mut. Ins. Co. v. Hall, Ky., 165 S.W.2ds 838 (1942)
    Affirmed clause making liability coverage excess for insured driving non-owned vehicle.
    
  • State Farm Mut. Ins. Co. v. Register, Ky. App., 583 S.W.2d 705 (1979)
    The court held that both "escape" clauses were mutually repugnant and, teach company would be required to bear one half of expense of settlement of claim.  Customer's policy provided no coverage to non-owned automobiles owned by persons engaged in automobile business, and the garage policy provided no coverage to garage customers who had available other insurance, whether primary, excess or contingent.
    
  • Universal Underwriters Ins. Co. v. Veljkovic, Ky. App., 613 S.W.2d 426 (1980)
    Motor vehicle dealer's  liability policy's "escape" clause could not circumvent the minimum limits required by KRS 190.033 (which now provide $100/300/50).
    

 Courier-Journal Law-Related On-Line Stories -  May 6 -11, 2003

• Phone line offers information about child support in Spanish 
• Trial set for ex-Metro Parks worker in theft of donated shoes
• Goshen will reconsider trash can storage law 
• Three Democrats, three Republicans aim to become attorney general
  Two local lawyers in race - Chris Gorman (D) and Tim Feeley (R)
• Justice Sandra Day O'Connor to speak at author forum
• Owens wins his appeal over pay
  Who's paying the legal fees for all of this???
• Two more suits allege abuse by Louisville priests 
• Bystander hurt in wreck sues officer at wheel  - Michelle Trible representing plaintiff

No Good Deed Goes Unnoticed
IRAQI LAWYER WHO AIDED POW IS HONORED
Associated Press
An Iraqi lawyer who helped U.S. troops rescue prisoner of war Jessica Lynch was honored Thursday by a state lawyers' group. The Delaware Bar Association said the award granted to Mohammed Odeh al-Rehaief, 32, reflects the best quality of lawyers - helping defenseless people being  treated unfairly. 

http://news.findlaw.com/ap/o/1110/5-8-2003/20030508193003_28.html

Gee, Do You Think That Response Is Gonna' Work?
JUDGE REPRIMANDED FOR TEACHER COMMENTS
Associated Press
A judge who spurred outrage for saying he failed to see the harm in a sexual encounter between a teacher and student has been reprimanded. Superior Court Judge Bruce A. Gaeta violated the canons of the bench by making statements expressing a bias during sentencing, the Advisory Committee on Judicial Conduct found in a ruling released Thursday. Gaeta will remain on the bench, the panel said, because although the remarks were inappropriate, they were isolated and not likely to be repeated.

Jury Awards $51M in Accidental Shooting
The Recorder

An Oakland, Calif., jury, which awarded $50.9 million Wednesday to a 16-year-old boy, also decided gun maker Bryco Arms is at least one-third liable in the shooting that left the boy a quadriplegic. The award comes just as members of Congress are considering legislation that would limit liability in suits like this one.

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