Brown v. Indiana Insurance Co.

I respectfully dissent from the majority opinion because the suit filed was an action at law and not a claim under workers’ compensation. The Court of Appeals erroneously enforced the policy exclusions and that decision should be reversed.

Kentucky has long had the public policy of construing insurance contracts strictly so as to make the insurance effective. Our case law has also supported the principle of contract construction that insurance policies must be construed so as to benefit the party who did not prepare the contract. Generally, insurance policies are contracts of adhesion.…