excess clause (Kentucky) · Go Syfert
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excess clause in Kentucky

5 Kentucky opinions name it 2 courts 1989–2024 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 (1)

CaseFollowedCited
Empire Fire & Marine Insurance Co. v. Haddixgreen
kyctapp · 1996 · cited in 1 Kentucky opinions naming this issue, 2023–2023
2 sentences

2023Co. v. Haddix, 927 S.W.2d 843, 845 (Ky. App. 1996).

2023Id.

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 (3)

CaseCitedYears
Government Employees Insurance Co. v. Globe Indemnity Co. green
kyctapphigh · 1967
2 sentences

2024Id. 11 In cases wherein one policy has a nonstandard escape clause and the other an excess clause, the policy with the excess clause bears primary liability because the nonstandard escape clause policy “anticipated the possibility of the existence of an ‘excess insurance’ clause in the driver’s insurance policy, and expressly contracted against liability in that situation.” Id.

2024Id. 11 In cases wherein one policy has a nonstandard escape clause and the other an excess clause, the policy with the excess clause bears primary liability because the nonstandard escape clause policy “anticipated the possibility of the existence of an ‘excess insurance’ clause in the driver’s insurance policy, and expressly contracted against liability in that situation.” Id.

22023–2024
Jones v. Medox, Inc. green
dc · 1981
2 sentences

1989Jones, supra, 44 Am.Jur.2d Insurance § 1791.

1989Jones, supra , 44 Am.Jur.2d Insurance § 1791.

21989–1989
Kentucky Farm Bureau Mutual Insurance Co. v. Shelter Mutual Insurance Co. green
ky · 2010
1 sentence

2016In Shelter, we noted how at odds with the mandates of the MVRA is an insurer’s practice of collecting a primary-coverage premium “while hiding behind an excess clause that purports to subvert its primary liability for that of another.” Shelter, 326 S.W.3d at 812 .

12016–2016

Where else courts name it

CA 27 (1959–2013) IL 18 (1893–2015) MI 16 (1884–2023) MO 11 (1960–2019) NJ 10 (1959–2018) NY 9 (1970–2025) CO 9 (1978–2011) AZ 9 (1971–2000) MD 9 (1966–1999) PA 8 (1929–1988) LA 8 (1925–2018) OH 8 (1945–2025) TX 7 (1878–2013) OK 7 (1918–2000) NC 6 (1972–2014) IA 6 (1962–1998) MN 6 (1983–1994) FL 6 (1963–2010) KY 5 (1989–2024) WI 5 (1982–2014) MS 5 (1963–2017) WA 4 (1965–2011) CT 4 (1896–1994) GA 3 (2019–2020) IN 3 (1997–2007) MA 3 (2002–2015) NH 3 (2003–2016) KS 2 (1926–1988) RI 2 (1992–1997) OR 2 (1968–1992) TN 2 (1974–1996) DC 2 (1980–1981) WV 2 (1900–1993) SC 2 (1972–2019)

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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