Progressive Northern Insurance Co. v. Corder

Once again, the majority of this Court doffs its judicial robes and presumptuously assumes the mantle of the General Assembly. Today, we reenact by judicial fiat a statute which the legislature has chosen to repeal. Because I continue to regard the General Assembly as a co-equal branch of government, Ky. Const. §§ 27, 28, 29, D & W Auto Supply v. Dep’t of Revenue, Ky., 602 S.W.2d 420, 423 (1980), vested with the power to establish public policy in this Commonwealth, Commonwealth ex rel. Cowan v. Wilkinson, Ky., 828 S.W.2d 610, 614 (1992), Kentucky State Fair Board v. Fowler, 310 Ky. 607, 221…