City of Louisville v. State Farm Mutual Automobile Insurance Co.

Dissenting opinion by

Justice WINTERSHEIMER.

I must respectfully dissent from the majority opinion because the City of Louisville is expressly exempt from providing security for the payment of basic reparation benefits. Subsection 6 of KRS 304.39-080(5), explicitly provides that the entities enumerated in § -080(3), that is, the Commonwealth, its political subdivisions, municipal corporations, and public agencies may provide security under § - 080(6), however, § -080(5) clearly distinguishes between those enumerated exceptions and all other persons who shall continuously provide such security.

It…