Bosse v. Bosse (1933)
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Due to Kentucky’s “very liberal” substantial compliance doctrine, [t]he threshold inquiry under either a negligence or contract theory is essentially identical: “The question herein is not [a] dispute between the contracting parties ... as to the terms of the contract, but one as to whom the insured intended to make a gift by way of insuring his life for same.” Id. (quoting Bosse v. Basse, 248 Ky. 11 , 57 S.W.2d 995, 996 (1933)) (alteration in original).
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Haste v. Vanguard Group, Inc. (2016)
In those cases, the dispute is not between the contracting parties but is a dispute as “to whom the insured intended to make a gift by way of insuring his life for same.” Bosse v. Bosse, 248 Ky. 11 , 57 S.W.2d 995, 996 (1933).
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Mims v. Western-Southern Agency, Inc. (2007)
The threshold inquiry under either a negligence or contract theory is essentially identical: “The question herein is not [a] dispute between the contracting parties [i.e., James Hayes and Western-Southern] as to the terms of the contract, but one as to whom the insured intended to make a gift by way of insuring his life for same.” Bosse v. Bosse, 248 Ky. 11 , 57 S.W.2d 995, 996 (1933).