STATE FARM MUT. AUTO. INS. CO. v. REEDER

Nos. 88-SC-146-DG, 88-SC-313-DG.

763 S.W.2d 116 (1988)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant/Cross Appellee, v. Delbert Wayne REEDER, Appellee/Cross Appellant.

Supreme Court of Kentucky.

Rehearing Denied February 9, 1989.


Attorney(s) appearing for the Case

Thomas B. Russell, Whitlow, Roberts, Houston & Russell, Paducah, for appellant/cross appellee.

Earl T. Osborne, Paducah, for appellee/cross appellant.

Richard Hay, Somerset, for amicus curiae, Kentucky Academy of Trial Attorneys.

Patrick Watts, Acting Gen. Counsel, Kentucky Dept. of Ins., Frankfort, for amicus curiae, Com'r of Ins.


WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed the circuit court and held that KRS 304.12-230, the Unfair Claims Settlement Practices Act, creates a private right of action against an insurance company by third-party claimants. The Court of Appeals affirmed the denial by the circuit court of prejudgment interest because it was based on unliquidated damages.

The principal issue is the enforceability of a private...

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