KENTUCKY INS. GUAR. ASS'N v. CONCO, INC.

Nos. 93-CA-162-MR, 93-CA-318-MR.

882 S.W.2d 129 (1994)

KENTUCKY INSURANCE GUARANTY ASSOCIATION, Appellant, v. CONCO, INC. and Douglas Mercer, Appellees. Douglas MERCER, Cross-Appellant, v. KENTUCKY INSURANCE GUARANTY ASSOCIATION, Cross-Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court September 21, 1994.


Attorney(s) appearing for the Case

Susan D. Phillips and William P. Swain, Boehl, Stopher & Graves, Louisville, for appellant/cross-appellee.

David B. Sandler, Westfall, Talbott & Woods, Louisville, for appellee Conco, Inc.

Fred E. Fischer, III and Joseph Michael Kelly, Louisville, for appellee/cross-appellant Mercer.

Before DYCHE, EMBERTON and SCHRODER, JJ.


DYCHE, Judge.

The Kentucky Insurance Guaranty Association ["KIGA"] appeals from a summary judgment and declaration of rights of the Jefferson Circuit Court holding it obligated to continue paying workers' compensation benefits to Douglas Mercer.

The facts of the case are not in dispute. Mercer sustained a work-related injury in October 1984 while in the employ of Conco, Inc. ["Conco"]. Conco was insured at that time by Ideal Mutual Insurance Company ["Ideal...

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