Martin v. Utica Mutual Insurance Co.

MILLER, Judge.

This is a suit by appellee, Utica Mutual Insurance Company (Utica Mutual), against appellant, Lohren F. Martin, Jr., (Martin), in the Pulaski Circuit Court upon a contract of indemnity. Summary judgment was entered for Utica Mutual. Martin brings this appeal, complaining of improper venue and impropriety of summary judgment.

The venue argument is without merit. This is a transitory action governed by KRS 452.480, and which was properly brought in the county where the defendant (Martin) resided. The statute is written in terms of “residence” and not “domicile.” It is a fundamental…