ZURICH INS. CO. v. KNOTTS

No. 2000-SC-000660-MR.

52 S.W.3d 555 (2001)

ZURICH INSURANCE COMPANY; Zurich American Companies; and Zurich American Insurance Company (Real Parties in Interest), Appellants, and Tom McDonald, Judge, Jefferson Circuit Court, Appellant, v. Jackie KNOTTS and Lloyd Knotts, Appellees.

Supreme Court of Kentucky.

Amended August 29, 2001.


Attorney(s) appearing for the Case

James Douglas Harris, Jr., Lewis, King, Krieg, Waldrop & Caatron, Bowling Green, Robert E. Stopher, Boehl, Stopher & Graves, Louisville, for Appellants.

Larry B. Franklin, Franklin & Hance, PSC, Louisville, Lee E. Sitlinger, Sitlinger, McGlincy, Steiner, Theiler & Karem, Louisville, for Appellees.


GRAVES, Justice.

An attorney who handles a personal injury action is not necessarily disqualified as an advocate in an action for bad faith in the insurance claims process merely because he files a personal affidavit in opposition to a motion for summary judgment. The limited and specialized use of an affidavit by an attorney, who does not testify at trial for his clients, provides an insufficient justification to allow opposing counsel to deprive a party of its right...

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