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HUMANA, INC. v. BLOSE

No. 2006-SC-000783-DG.

247 S.W.3d 892 (2008)

HUMANA, INC., Appellant v. Colleen BLOSE, Appellee.

Supreme Court of Kentucky.

March 20, 2008.

Attorney(s) appearing for the Case

Brent R. Baughman, Craig Peter Siegenthaler, Greenebaum Doll & McDonald, PLLC, Louisville, KY, Counsel for Appellant.

Callie E Walton, Helmer, Demuth & Walton, PLC, Louisville, KY, Counsel for Appellee.

Barbara B. Edelman, Alexander J. Moeser, Dinsmore, Shohl, LLP, Lexington, KY, Counsel for Amicus Curiae.

OPINION of the Court by Justice SCOTT.

We granted limited discretionary review of the opinion of the Court of Appeals, which, on remand, directed the trial court to follow the guidelines set out in Curtis v. Belden Electronic Wire and Cable, a Div. of Cooper Industries, Inc., 760 S.W.2d 97, 98 (Ky.App.1988), to the effect that the remedy for a breach of a release and waiver of a statutory right is "an original action or counterclaim...

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