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WITTMER v. JONES

Nos. 92-SC-707-DG, 92-SC-710-DG.

864 S.W.2d 885 (1993)

Loretta WITTMER, Movant, v. Tamara JONES and State Farm Mutual Automobile Insurance Company, Respondents. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Movant, v. Loretta WITTMER and Tamara Jones, Respondents.

Supreme Court of Kentucky.

As Modified October 11, 1993.

Attorney(s) appearing for the Case

Phillip G. Abshier, Bamberger & Abshier and James S. Watson, Castlen, Wilkey & Watson, Owensboro, for Wittmer.

Robert V. Bowers, Jr., Bennett, Bowman, Triplett & Vittitow, Owensboro, for Jones.

Lee E. Sitlinger, Sitlinger, McGlincy, Steiner & Theiler, Louisville, for State Farm.

LEIBSON, Justice.

Three recent decisions from this Court recognize a cause of action to recover tort damages against insurance companies upon proof of bad faith failure to pay claims clearly due and payable. These cases are: Stevens v. Motorists Mut. Ins. Co., Ky., 759 S.W.2d 819 (1988), recognizing a statutory bad faith claim by an insured against his own insurer under the Consumer Protection Act (CPA), KRS 367.110, et seq...

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