Kentucky Associated General Contractors Self-Insurance Fund v. Music Construction, Inc.

OPINION OF THE COURT

This appeal is taken from a Court of Appeals decision to affirm the trial court’s dismissal of a complaint by Kentucky Associated General Contractors Self-Insurance Fund (KAGC) for failure to state a claim for which relief may be granted. We accepted discretionary review to consider whether AIG/AIU Insurance Co. v. South Akers Mining Co., LLC, 192 S.W.3d 687 (Ky.2006), bars an action by a workers’ compensation insurance carrier, based on the terms of the contract with its insured, to be reimbursed for the 30% increase in benefits that resulted from the insured’s…