Coleman v. Bee Line Courier Service, Inc.

I concur with the result reached by the majority, but I disagree with the view expressed in Footnote 2 that there is no need to address the public policy issue of whether a specific agreement to indemnify a tortfeasor for BRB recoupment claims is void because it contravenes the Motor Vehicle Reparations Act (MVRA). This case presents the “next question” discussed in dicta in Ohio Casualty Insimnce Company v. Ruschell, 834 S.W.2d 166 (Ky.1992), because of the alignment of the parties in this case. The majority simply applies, and therefore tacitly approves, the “rule” (really dicta) laid out…