State Farm Mutual Automobile Insurance v. Wilson

I fully concur with the Court’s ruling in this case. I wish only to add that at least two alternative constructions of Kentucky case law, in addition to the one adopted by the majority, would lead to precisely the same result. Under our diversity jurisdiction, where our role is narrowly limited to *499predicting what a state court would do if presented with the facts before us, I am reluctant to foreclose the possibility that the Kentucky courts might choose to follow a course different from the one selected by the majority.

As noted by the majority, the Kentucky Supreme Court’s decision in…