EMPIRE FIRE & MARINE v. SIMPSONVILLE WRECKER

No. 92-CA-2738-MR.

880 S.W.2d 886 (1994)

EMPIRE FIRE & MARINE INSURANCE COMPANY, Appellant, v. SIMPSONVILLE WRECKER SERVICE, INC., Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 24, 1994.


Attorney(s) appearing for the Case

Wayne J. Carroll, Edward H. Bartenstein, Louisville, for appellant.

Charles F. Merz, Laurence J. Zielke, Louisville, for appellee.

Before GUDGEL, McDONALD and WILHOIT, JJ.


GUDGEL, Judge:

This is an appeal from a judgment entered by the Jefferson Circuit Court in a tort action for damages which was based upon an insurer's alleged bad faith refusal to pay its insured's claim under a motor cargo liability endorsement attached to a liability insurance policy. Previously, this court determined in this same matter that the insurer's policy was ambiguous and therefore must be construed to provide coverage for the insured's loss. Simpsonville...

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