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BITUMINOUS CAS. CORP. v. KENWAY CONTRACTING

No. 2005-SC-000013-DG.

240 S.W.3d 633 (2007)

BITUMINOUS CASUALTY CORPORATION Appellant, v. KENWAY CONTRACTING, INC., Judy Turner, Neal Turner and Integra Bank, N.A. Appellees.

Supreme Court of Kentucky.

As Modified December 21, 2007.

As Modified on Denial of Rehearing January 24, 2008.

Attorney(s) appearing for the Case

Pamela Adams Chesnut, Robert E. Maclin, III, McBrayer, McGinnis, Leslie & Kirkland, PLLC, Lexington, Counsel for Appellant.

J. Brent Travelsted, Lanna M. Kilgore, Bowling Green, Counsel for Appellee, Kenway Contracting, Inc.

Larry F. Hinton, Reynolds, Johnston, Hinton, Thomas & Pepper, LLP, Bowling Green, Counsel for Appellees, Judy Turner, Neal Turner and Integra Bank, N.A.

CUNNINGHAM, Justice.

I. INTRODUCTION

This case involves an insurance coverage dispute between Kenway Contracting, Inc., and its Commercial General Liability (CGL) policy carrier, Bituminous Casualty Corporation (BCC). The Warren Circuit Court, in an opinion affirmed by a split decision of the Court of Appeals, concluded BCC had a duty to defend and indemnify Kenway under its CGL policy for damage caused by a Kenway employee to property owned by Neal and...

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