PIE MUT. INS. v. KENTUCKY MEDICAL INS.

Nos. 88-CA-1658-MR, 88-CA-1416-MR and 88-CA-1889-MR.

782 S.W.2d 51 (1990)

PIE MUTUAL INSURANCE COMPANY, Appellant, v. KENTUCKY MEDICAL INSURANCE COMPANY; and Leroy Morgan, Commissioner, Kentucky Department of Insurance, Appellees. KENTUCKY MEDICAL INSURANCE COMPANY, Appellant, v. Leroy MORGAN, Commissioner, Kentucky Department of Insurance; and Pie Mutual Insurance Company, Appellees. PIE MUTUAL INSURANCE COMPANY, Appellant, v. Leroy MORGAN, Commissioner, Kentucky Department of Insurance; and Kentucky Medical Insurance Company, Appellees.

Court of Appeals of Kentucky.

January 5, 1990.


Attorney(s) appearing for the Case

K. Gregory Haynes, Merrill S. Schell, Rhonda E. Curry, Wyatt, Tarrant & Combs, Louisville, George L. Seay, Frankfort, Donald Darby, Jacobson, Maynard, Tuschman & Kalur, Louisville, for Pie Mut. Ins. Co.

Lively M. Wilson, Janet A. Craig, Stites & Harbison, Louisville, for Kentucky Medical Ins. Co.

Patrick Watts, Kentucky Dept. of Ins., Frankfort, for Leroy Morgan and Kentucky Dept. of Ins.

Before EMBERTON, HAYES and WILHOIT, JJ.


WILHOIT, Judge.

The primary issues presented by these appeals are whether one insurer has standing to contest the issuance of a certificate of authority to another insurer, and whether the Commissioner of the Department of Insurance must enforce a settlement agreement executed by two insurers.

A certificate of authority to transact insurance was issued to PIE Mutual Insurance Company (PIE) by the Insurance Commissioner in April 1987. In other states PIE primarily...

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