Ernst & Young, LLP v. Clark

Opinion of the Court by

Justice VENTERS.

This appeal arises out of the insolvency of AIK Comp, a workers’ compensation self-insurance group, and the efforts of the Rehabilitator appointed pursuant to Kentucky’s “Insurers Rehabilitation and Liquidation Law” 1 (IRLL) to assert tort claims on behalf of AIK Comp against Appellants, Ernst & Young LLP, and others. Similar claims against Appellants were also asserted by the individual members of AIK Comp 2 in a class action. The Franklin Circuit Court entered orders in each case denying Ernst & Young’s motion to enforce contractual provisions calling…