Legal Opinion

Commercial Union Insurance Co. v. Delaney

Kentucky Supreme Court

Decided February 18, 1977PublishedCited by 17 opinions

1Opinion of the Court

LUKOWSKY, Justice.

The question presented is whether an automobile liability insurer may contractually exclude a truck owned by the Commonwealth from the definition of “uninsured automobile” in a policy issued pursuant to the provisions of KRS 304.20-020. We answer the question in the affirmative.

Delaney suffered bodily injuries when the automobile he was driving collided with a truck owned by the Commonwealth. The truck was being driven by Harrison. It is not disputed that Harrison’s negligence caused the collision nor that he was acting within the scope of his employment by the Commonwealth.…

2Cases cited4 opinions

  1. Higgins v. Nationwide Mutual Insurance CompanySupreme Court of Alabama · 1973
  2. Orange v. State Farm Mutual Automobile Insurance Co.Court of Appeals of Kentucky (pre-1976) · 1969
  3. Allen v. West American Insurance CompanyCourt of Appeals of Kentucky (pre-1976) · 1971
  4. Saracina v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 1973

3Cited by17 opinions

  1. Chaffin v. Kentucky Farm Bureau Insurance CompaniesKentucky Supreme Court · 1990
  2. State Farm Mutual Automobile Insurance Co. v. Hodgkiss-WarrickKentucky Supreme Court · 2013
  3. State Farm Mutual Insurance Co. v. Fireman's Fund American Insurance Co.Kentucky Supreme Court · 1977
  4. State Farm Automobile Insurance Co. v. GreerSupreme Court of Oklahoma · 1989
  5. Nationwide Mutual Insurance Co v. HatfieldKentucky Supreme Court · 2003

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