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MORTON v. BANK OF THE BLUEGRASS AND TRUST

Nos. 1998-CA-000018-MR, 1998-CA-000120-MR and 1998-CA-000128-MR.

18 S.W.3d 353 (1999)

Shirley MORTON, Individually, and as Executrix of the Estate of James Anthony Morton, Appellant, v. BANK OF THE BLUEGRASS AND TRUST COMPANY; Standard Life Insurance Company; Investors Life Insurance Company of North America; Charles H. Jett Insurance Agency, Inc; and Southern Financial Insurance, Appellees. Standard Life Insurance Company and Investors Life Insurance Company of North America, Cross-Appellants, v. Shirley Morton, Individually and as Executrix of the Estate of James Anthony Morton, Cross-Appellee. v. Bank of the Bluegrass and Trust Company; and Charles H. Jett Insurance Agency, Inc., Cross-Appellants, v. Shirley Morton, Individually, and as Executrix of the Estate of James Anthony Morton, Cross-Appellee.

Court of Appeals of Kentucky.

Rehearing Denied December 3, 1999.

Discretionary Review Denied by Supreme Court June 7, 2000.

Attorney(s) appearing for the Case

M. Austin Mehr, Edward A. Baylous, II, Lexington, for Shirley Morton.

Palmer G. Vance, II, Todd S. Page, Lexington, for Southern Financial.

Michael R. Moloney (on brief), John G. Rice (argued), Lexington, for Bank of the Bluegrass and Charles Jett Insurance.

John G. Irvin, Jr., Lexington, for Standard Life Ins. and Investors Life Ins.

Before: BUCKINGHAM, HUDDLESTON, and KNOPF, Judges.

OPINION

BUCKINGHAM, Judge.

This case involves an appeal and two cross-appeals from a judgment and orders of the Fayette Circuit Court which awarded the appellant/cross-appellee, Shirley Morton (Shirley), individually and as executrix of the estate of James Anthony Morton (James), life insurance proceeds but dismissed her claims against the appellees/cross-appellants, Bank of the Bluegrass and Trust Co. (the Bank), Standard Life Insurance Co. (Standard...

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