Legal Opinion
Brewer v. National Indemnity Co.
Kentucky Supreme Court
Decided May 19, 2005No. 2004-SC-000270-CLPublishedCited by 3 opinions
1Opinion of the Court
LAMBERT, Chief Justice.
This case presents a certified question from the United States Court of Appeals for the Fourth Circuit. Specifically, the question certified is as follows: Whether a fiduciary may maintain an action against an insurer for negligently underinsuring its insured, where the fiduciary, the insurer, and the insured have executed an agreement in which:(1) the fiduciary settled a wrongful death claim against the insured for ' the maximum limit of the insurance policy, which the insurer agreed to pay to the fiduciary in consideration for the insured’s release;(2) the insured…
2Cited by3 opinions
- Brewer v. National Indemnity Co.Court of Appeals for the Fourth Circuit · 2005
- Leona Brewer, as Personal Representative of the Estate of Edward Rose, Deceased v. National Indemnity Company, a Nebraska Corporation W.E. Kingsley Company, a Kentucky Corporation, and Joe Maynard Norma Jean Maynard and Gregory Maynard, D/B/A Maynard's Wrecker Service Denise M. Gauze, as of the Estate of Herbert Maynard, D/B/A Maynard's Used Auto Parts Joe A. Young Joe A. Young Insurance Agency, Inc., a Kentucky Corporation Deborah L. Hanshaw, and Nationwide Mutual Insurance Company Emily Howell Manuuel Rose Rhonda Messer, Parties in Interest. Leona Brewer, as Personal Representative of the Estate of Edward Rose, Deceased v. National Indemnity Company, a Nebraska Corporation W.E. Kingsley Company, a Kentucky Corporation, and Joe Maynard Norma Jean Maynard and Gregory Maynard, D/B/A Maynard's Wrecker Service Denise M. Gauze, as of the Estate of Herbert Maynard, D/B/A Maynard's Used Auto Parts Joe A. Young Joe A. Young Insurance Agency, Inc., a Kentucky Corporation Deborah L. Hanshaw, and Nationwide Mutual Insurance Company Emily Howell Manuuel Rose Rhonda Messer, Parties in InterestCourt of Appeals for the Fourth Circuit · 2005
- Little v. Kentucky Farm Bureau Mutual Insurance Co.Court of Appeals of Kentucky · 2010