GAYLE v. UNITED STATES FIDELITY AND GUARANTY COMPANY


635 S.W.2d 478 (1982)

James R. GAYLE, Movant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Respondent.

Supreme Court of Kentucky.

July 6, 1982.


Attorney(s) appearing for the Case

John G. Crutchfield, Ewen, MacKenzie & Peden, Louisville, for movant.

C. Dant Kearns, Robert G. Breetz, Stites, McElwain & Fowler, Louisville, for respondent.


PALMORE, Chief Justice.

The respondent insurance carrier, having paid two workers' compensation claims totalling $986.95, brought suit against an alleged third-party tortfeasor for indemnity. The suit was dismissed because the amount of the claim fell below the threshold limit fixed by KRS 304.39-060(2)(b), a part of the "no-fault" Motor Vehicle Reparations Act. The circuit court affirmed, but the Court of Appeals in an unpublished opinion reversed on the theory that...

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