Legal Opinion · Dissent

State Farm Mutual Automobile Insurance Co. v. Marley

Kentucky Supreme Court

Decided December 16, 2004No. 2002-SC-0846-DGPublished

1DissentCooper, Justice

The majority opinion repeats numerous extrajudicial facts gratuitously recited by Appellees in their brief to the Court of Appeals. The record in this case contains no testimonial evidence. Specifically, there is no evidence of the extent of any injuries sustained by any of the Appellees, and neither this declaratory judgment action nor the complaint filed in the separate action brought by Appellees against Larry Marley for their personal injuries asserts a claim for the alleged wrongful death of another family member. The parties submitted this declaratory judgment action to the trial court…

2Cases cited37 opinions

  1. Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
  2. Bishop v. Allstate Insurance Co.Kentucky Supreme Court · 1981
  3. Allstate Insurance v. HartCourt of Appeals of Maryland · 1992
  4. Megonnell v. United States Automobile AssociationCourt of Appeals of Maryland · 2002
  5. Lewis v. American Family Insurace GroupKentucky Supreme Court · 1977

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