Peabody Painting & Waterproofing, Inc. v. Kentucky Employers' Mutual Insurance Co.

OPINION

THOMPSON, Judge:

This case involves a workers’ compensation insurance coverage claim between Peabody Painting & Waterproofing, Inc. and Kentucky Employers’ Mutual Insurance Company (KEMI), and Fusting Insurance Agency’s claim that it is entitled to indemnity from KEMI.

The Jefferson Circuit Court granted KEMI’s motion for summary judgment on the basis that the KEMI policy did not provide extraterritorial coverage for a Peabody employee injured in Louisiana. It subsequently denied summary judgment to Fusting Insurance Agency, finding that material issues of fact existed as to wheth er the…