AMERICAN GENERAL HOME EQUITY v. KESTEL

No. 2006-SC-000830-DG.

253 S.W.3d 543 (2008)

AMERICAN GENERAL HOME EQUITY, INC., Appellant v. Teresa KESTEL, Appellee.

Supreme Court of Kentucky.

May 22, 2008.


Attorney(s) appearing for the Case

Bethany A. Breetz, Matthew W. Breetz, Stites & Harbison, PLLC, Louisville, KY, Clark Philip Case, Stites & Harbison, PLLC, Lexington, KY, Counsel for Appellant.

Katherine S. Sanford, Katherine Yunker, Oran Shepherd McFarlan, III, Yunker & Associates, Lexington, KY, Counsel for Appellee.

John E. Spainhour, Jr., Givhan & Spainhour, PSC, Shepherdsville, KY, Counsel for Amicus Curiae, Kentucky Justice Association.


Opinion of the Court by Justice MINTON.

I. INTRODUCTION.

American General Home Equity, Inc., filed a mortgage foreclosure action in circuit court against Teresa Kestel. Kestel counterclaimed, asserting fraud and federal and state statutory claims under the Truth in Lending Act and the Kentucky Consumer Protection Act. The trial court denied American General's motion to compel arbitration on Kestel's counterclaims, finding that no arbitration agreement...

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