United States Fidelity & Guaranty Co. v. McEnroe

LUKOWSKY, Justice.

The dispositive issue in these cases is whether the administrator of an estate is the real party in interest to seek survivor's benefits under the Motor Vehicles Reparations Act, KRS 304.39-010-340. Because we answer this question in the negative, it is unnecessary to address the limitations question presented by the parties.

The Lincoln Circuit Court concluded that the administrator of Leetta Rainwater’s estate was the proper party to bring an action for survivor’s benefits, but dismissed the action as barred by the statute of limitations. The Court of Appeals affirmed the…