Legal Opinion · Dissent

Shipley v. Kentucky Farm Bureau Insurance Co.

Kentucky Supreme Court

Decided March 31, 1988No. 87-SC-406-DGPublished

1DissentWintersheimer, Justice

I respectfully dissent. It was not reversible error for the trial judge to grant summary judgment to Shipley because he gave notice as soon as practicable under the circumstances.

The automobile policy carried by Ship-ley’s mother with Farm Bureau provided in pertinent part, “In the event of an accident or loss, written notice containing particulars ..., shall be given by or for the insured to the company or any of its authorized agents as soon as practicable.” (Emphasis added).

Whether notice has been given as soon as practicable depends on all the circumstances of a particular case. Marc…

2Cases cited7 opinions

  1. Wolford v. WolfordKentucky Supreme Court · 1984
  2. Squires v. National Grange Mutual InsuranceSupreme Court of South Carolina · 1965
  3. Sun Indemnity Co. v. DulaneyCourt of Appeals of Kentucky (pre-1976) · 1935
  4. Davis v. American States Insurance Co.Court of Appeals of Kentucky · 1977
  5. Marc Blackburn Brick Company v. YatesCourt of Appeals of Kentucky (pre-1976) · 1968

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