claimant claim (Kentucky) · Go Syfert
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claimant claim in Kentucky

5 Kentucky opinions name it 1 courts 1964–2023 2 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
DeMoisey v. River Downs Investment Co.green
kyctapp · 2005 · cited in 2 Kentucky opinions naming this issue, 2012–2022
2 sentences

2022KRS 396.055(1); KRS 396.011; see also DeMoisey, 159 S.W.3d at 822 .

2012KRS 396.055(1); KRS 396.011; see also DeMoisey, 159 S.W.3d at 822 .

22
Wilhoit v. Wilhoitgreen
kyctapphigh · 1975 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023KRS 304.39-220(1) states in relevant part, [i]f overdue benefits are recovered in an action against the reparation obligor or paid by the reparation obligor after receipt of notice of the attorney’s representation, a reasonable attorney’s fee for advising and representing a claimant on a claim or in an action for basic or added reparation benefits may be awarded by the court if the denial or delay was without reasonable foundation. -25- (Emphasis added.) The discretionary language of the statute is consistent with precedent which provides that “[d]ecisions regarding whether and how to allocate

11
Flag Drilling Co., Inc. v. Erco, Inc.green
kyctapp · 2005 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023KRS 304.39-220(1) states in relevant part, [i]f overdue benefits are recovered in an action against the reparation obligor or paid by the reparation obligor after receipt of notice of the attorney’s representation, a reasonable attorney’s fee for advising and representing a claimant on a claim or in an action for basic or added reparation benefits may be awarded by the court if the denial or delay was without reasonable foundation. -25- (Emphasis added.) The discretionary language of the statute is consistent with precedent which provides that “[d]ecisions regarding whether and how to allocate

11
Miller v. McGinitygreen
kyctapp · 2007 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023KRS 304.39-220(1) states in relevant part, [i]f overdue benefits are recovered in an action against the reparation obligor or paid by the reparation obligor after receipt of notice of the attorney’s representation, a reasonable attorney’s fee for advising and representing a claimant on a claim or in an action for basic or added reparation benefits may be awarded by the court if the denial or delay was without reasonable foundation. -25- (Emphasis added.) The discretionary language of the statute is consistent with precedent which provides that “[d]ecisions regarding whether and how to allocate

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Young v. Daniels neutral
kyctapp · 1972
2 sentences

1984As noted in Young v. Daniels, Ky., 481 S.W.2d 295 (1972), the reports serve as a means for early settlement and handling of uncontested claims and to provide a default judgment procedure in uncontested claims.

1984As noted in Young v. Daniels, Ky., 481 S.W.2d 295 (1972), the reports serve as a means for early settlement and handling of uncontested claims and to provide a default judgment procedure in uncontested claims.

11984–1984
Goodlett v. Anderson County neutral
kyctapphigh · 1936
2 sentences

1964KRS 64.410(1) reads: “The fee-bills of every officer shall be made out at length, in figures and in plain English, and signed by the officer in his official capacity.” Appellant cites Goodlett v. Anderson County, 267 Ky. 166 , 101 S.W.2d 421, 425 , where this Court said: “When a claimant has a claim qgainst a fiscal court, he must itemize it, and then point out the statutory provisions for its payment.

1964KRS 64.410(1) reads: “The fee-bills of every officer shall be made out at length, in figures and in plain English, and signed by the officer in his official capacity.” Appellant cites Goodlett v. Anderson County, 267 Ky. 166 , 101 S.W.2d 421, 425 , where this Court said: “When a claimant has a claim qgainst a fiscal court, he must itemize it, and then point out the statutory provisions for its payment.

11964–1964

Where else courts name it

PA 291 (1919–2026) NY 73 (1898–2026) MO 48 (1995–2024) OR 43 (1927–2025) IL 31 (1935–2024) OK 30 (1926–2012) CA 28 (1930–2026) FL 28 (1959–2024) GA 23 (1897–2023) MD 23 (1952–2021) CO 21 (1983–2020) TX 19 (1939–2022) AZ 11 (1949–2019) LA 11 (1936–2018) OH 10 (1918–2017) IA 10 (1927–2026) KS 9 (1960–1996) DE 8 (1922–2025) WA 8 (1944–2025) NC 8 (1907–2019) DC 7 (1990–2017) CT 7 (1929–1999) WV 7 (1930–2005) IN 7 (1888–2025) WI 6 (1928–2025) MI 6 (2009–2024) NJ 6 (1969–1998) AK 5 (1985–1998) KY 5 (1964–2023) MS 5 (1974–2009) MN 5 (1971–2026) HI 4 (1935–2011) VT 4 (1989–2025) ND 4 (1968–2022) VA 4 (2009–2023) AL 4 (1906–2007) MA 4 (1956–2015) UT 3 (2011–2024) NE 3 (1996–2018) NM 3 (1991–2005) WY 3 (2014–2015) SC 3 (1947–2003) ID 3 (1996–2005) AR 2 (1961–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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