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KAGC. v. MUSIC CONST., INC.

No. 2008-SC-000795-DG.

299 S.W.3d 586 (2009)

KENTUCKY ASSOCIATED GENERAL CONTRACTORS SELF-INSURANCE FUND (KAGC), Appellant, v. MUSIC CONSTRUCTION, INC., Appellee.

Supreme Court of Kentucky.

Rehearing Denied January 21, 2010.

Attorney(s) appearing for the Case

Douglas Anthony U'Sellis, U'Sellis & Kitchen, PSC, Louisville, KY, Counsel for Appellant, Kentucky Associated General Contractors Self-Insurance Fund (KAGC).

Shawn C. Conley, Vanantwerp, Monge, Jones & Edwards, Ashland, KY, Counsel for Appellee, Music Construction, Inc.

OPINION OF THE COURT

This appeal is taken from a Court of Appeals decision to affirm the trial court's dismissal of a complaint by Kentucky Associated General Contractors Self-Insurance Fund (KAGC) for failure to state a claim for which relief may be granted. We accepted discretionary review to consider whether AIG/AIU Insurance Co. v. South Akers Mining Co., LLC, 192 S.W.3d 687

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