National Union Fire Insurance Co. v. Carricato

DAVIS, Commissioner.

A motor-vehicle accident which occurred in 1958 sparked long and tortuous litigation of which another phase is presented in this appeal. See Carricato v. Carricato, Ky., 384 S.W.2d 85, which disposed of an earlier appeal arising out of the same accident. The persons primarily involved in our discussion here are Frank Carricato, his wife Mary Carricato, the appellee, and their daughter Mildred Carricato, who was the driver of an automobile involved in the accident. To avoid confusion, we shall refer to these persons by their Christian names.

When our decision in Carricato v.…