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ASSOCIATED INS. SERVICE, INC. v. GARCIA

Nos. 2008-SC-000037-DG, 2008-SC-000044-DG.

307 S.W.3d 58 (2010)

ASSOCIATED INSURANCE SERVICE, INC. and Aon Risk Services, Inc. of Ohio, Appellants, v. Daniel GARCIA, M.D. and Rita Garcia, Appellees.

Supreme Court of Kentucky.

As Modified February 3, 2010.

As Modified March 19, 2010.

Rehearing Denied April 22, 2010.

Attorney(s) appearing for the Case

Frank P. Doheny, Jr., Michael C. Merrick, Dinsmore & Shohl, LLP, Louisville, KY, for appellant, Associated Insurance Service, Inc.

Brent Robert Baughman, Mark Scott Riddle, P. Blaine Grant, Greenebaum, Doll & McDonald, PLLC, Louisville, KY, for appellant, AON Risk Services, Inc. of Ohio.

Larry B. Franklin, Franklin, Gray & White, Leroy E. Sitlinger, Jr., Sitlinger, McGlincy, Steiner, Theiler & Karem, Louisville, KY, for appellees.

Opinion of the Court by Justice CUNNINGHAM.

In this case, we are asked to consider two issues of first impression in Kentucky: whether professional negligence claims against an insurance agent and an insurance broker are assignable; and, if so, whether such assignment, when coupled with a settlement agreement as to damages and a covenant not to execute, is illusory or void as against public policy.

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