settlement claim in Kentucky

1948It is well settled in this jurisdiction that an agreement of compromise is supported by sufficient consideration where it is in settlement of a claim which is unliquidated, or in the settlement of a claim in dispute, or one which is in doubt; ” ^ In Ohio River Contract Co. v. Pennybacher, 168 Ky. 78 , 181 S. W. 946, 947 , with reference to deciding a question that had been compromised, we said: “If appellant’s position be correct, and the judgment should be reversed, there would be nothing to try upon the return of the case to the circuit court, since the settlement would be a bar to the furth

1948It is well settled in this jurisdiction that an agreement of compromise is supported by sufficient consideration where it is in settlement of a claim which is unliquidated, or in the settlement of a claim in dispute, or one which is in doubt; ” ^ In Ohio River Contract Co. v. Pennybacher, 168 Ky. 78 , 181 S. W. 946, 947 , with reference to deciding a question that had been compromised, we said: “If appellant’s position be correct, and the judgment should be reversed, there would be nothing to try upon the return of the case to the circuit court, since the settlement would be a bar to the furth

1990The partial settlement principle stated in Richardson v. Eastland, Inc., Ky., 660 S.W.2d 7 (1983) and Restatement (Second) of Torts, § 885(1) has no application to this case.

1990The partial settlement principle stated in Richardson v. Eastland, Inc., Ky., 660 S.W.2d 7 (1983) and Restatement (Second) of Torts, § 885(1) has no application to this case.

1975It is contended however that Biven v. Charlie’s Hobby Shop, Ky., 500 S.W.2d 597 (1973), modified the rule announced in Kingins v. Hurt, supra. Biven involved the settlement of a claim by means of the execution of a loan receipt which provided that the loan was repayable to the insurer only to the extent and in the event that the claimant should make a recovery from other persons causing or liable for the accident.

1975It is contended however that Biven v. Charlie’s Hobby Shop, Ky., 500 S.W.2d 597 (1973), modified the rule announced in Kingins v. Hurt, supra. Biven involved the settlement of a claim by means of the execution of a loan receipt which provided that the loan was repayable to the insurer only to the extent and in the event that the claimant should make a recovery from other persons causing or liable for the accident.

1969Under the decision in Cambron v. Co-operative Distributing Company, Ky., 405 S.W.2d 687 (where the claim of lulling was based on statements by the insurance adjuster that a settlement of the claim would be made when the claimant’s disability could be medically determined), it is exceedingly doubtful that Parrish could prevail in this case even were his testimony given full credence.

1955Smallwood v. Kentucky & West Virginia Power Co., 297 Ky. 202 , 179 S.W.2d 877 ; Landrum v. Louisville & N. R.

1955Smallwood v. Kentucky & West Virginia Power Co., 297 Ky. 202 , 179 S.W.2d 877 ; Landrum v. Louisville & N. R.

1949Litigation is always burdensome, and the courts everywhere look favorably upon the settlement of eases out of court.” In Nuckols v. Nuckols, 293 Ky. 603 , 169 S. W. 2d 828, 829 , it is said: “It is well settled in this jurisdiction that an agreement of compromise is supported by sufficient consideration where it is in settlement of a claim which is unliquidated, or in the settlement of a claim in dispute, or one which is in doubt.” The judgment is reversed with directions to set it aside and to overrule the demurrer to the petition as amended.

1949Litigation is always burdensome, and the courts everywhere look favorably upon the settlement of eases out of court.” In Nuckols v. Nuckols, 293 Ky. 603 , 169 S. W. 2d 828, 829 , it is said: “It is well settled in this jurisdiction that an agreement of compromise is supported by sufficient consideration where it is in settlement of a claim which is unliquidated, or in the settlement of a claim in dispute, or one which is in doubt.” The judgment is reversed with directions to set it aside and to overrule the demurrer to the petition as amended.

1948In dismissing the appeal, we stated, 168 Ky. at page 80 , 181 S. W. at page 947 : *647 “If appellant’s position be correct, and the judgment should be reversed, there would be nothing to try upon the return of the case to the circuit court, since the settlement would be a bar to the further prosecution of the action.

1942Toppass v. Perkins’ Administratrix, 268 Ky. 186 , 104 S. W. (2d) 423 ; Baker’s Administratrix v. Louisville & N. Railroad Company, 287 Ky. 13 , 152 S. W. (2d) 276 . *606 Section 6 of the Statutes authorizes a suit for damages for the tortious death of a person to he prosecuted by his personal representative.

1942Toppass v. Perkins’ Administratrix, 268 Ky. 186 , 104 S. W. (2d) 423 ; Baker’s Administratrix v. Louisville & N. Railroad Company, 287 Ky. 13 , 152 S. W. (2d) 276 . *606 Section 6 of the Statutes authorizes a suit for damages for the tortious death of a person to he prosecuted by his personal representative.

1942Toppass v. Perkins’ Administratrix, 268 Ky. 186 , 104 S. W. (2d) 423 ; Baker’s Administratrix v. Louisville & N. Railroad Company, 287 Ky. 13 , 152 S. W. (2d) 276 . *606 Section 6 of the Statutes authorizes a suit for damages for the tortious death of a person to he prosecuted by his personal representative.

1942Toppass v. Perkins’ Administratrix, 268 Ky. 186 , 104 S. W. (2d) 423 ; Baker’s Administratrix v. Louisville & N. Railroad Company, 287 Ky. 13 , 152 S. W. (2d) 276 . *606 Section 6 of the Statutes authorizes a suit for damages for the tortious death of a person to he prosecuted by his personal representative.

1940In.the Napier case, supra, where, as here, there was a settlement made and concluded by the administrator with the alleged tort feasor in advance of the application for a compensation award by the dependents of the deceased employee, the court, in construing section 4890, Workmen’s Compensation Act, said [ 242 Ky. 127 , 45 S. W. (2d) 1066 ]: “It is the purpose, policy, and provision of the law that the wrongdoer shall be liable for the whole damage caused by his wrongful act.

1929Robb v. Sherrill-Russell Lumber Company, 194 Ky. 835 , 241 S. W. 64 .

1929Robb v. Sherrill-Russell Lumber Company, 194 Ky. 835 , 241 S. W. 64 .

1913American Surety Co. v. Ballman, 104 Fed., 634 ; Robb v. Security Trust Co., 121 Fed., 460 ; Wheeler v. Sweet, 137 N. Y., 435 .

1913American Surety Co. v. Ballman, 104 Fed., 634 ; Robb v. Security Trust Co., 121 Fed., 460 ; Wheeler v. Sweet, 137 N. Y., 435 .

1913American Surety Co. v. Ballman, 104 Fed., 634 ; Robb v. Security Trust Co., 121 Fed., 460 ; Wheeler v. Sweet, 137 N. Y., 435 .