11 Kentucky opinions name it 2 courts 1978–2021 1 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.
| Case | Followed | Cited |
|---|---|---|
McIntyre v. Commonwealthgreen2 sentences2018Ky. CONST. § 55; see McIntyre v. Commonwealth, 221 Ky. 16, 20 , 297 S.W. 931, 933 (1927) (holding that when emergency clause in bill was ineffective, “the bill took effect 90 days after the adjournment of the [l]egislature[]”). 38 the legislature and the executive branch make the policy, not the courts. 2018Ky. CONST. § 55; see McIntyre v. Commonwealth, 221 Ky. 16, 20 , 297 S.W. 931, 933 (1927) (holding that when emergency clause in bill was ineffective, “the bill took effect 90 days after the adjournment of the [l]egislature[]”). 38 the legislature and the executive branch make the policy, not the courts. | 2 | 2 |
K.M.R. Ex Rel. Ray v. Foremost Insurance Groupgreen2 sentences2021Group, our Court of Appeals upheld an exclusion despite the existence of a severability clause. 171 S.W.3d 751, 755 (Ky. App. 2005). 2021In doing so the court reasoned that “a clearly worded exclusion is not treated as ambiguous or rendered unclear by the mere existence of a severability provision.” Id. | 1 | 1 |
Caneyville Volunteer Fire Department v. Green's Motorcycle Salvage, Inc.green1 sentence2015Caneyville Volunteer Fire Dep’t v. Green's Motorcycle Salvage, Inc., 286 S.W.3d 790, 806 (Ky. 2009). .KRS 508.032 does not contain a severability clause, but we could sever the provision regardless. | 1 | 1 |
Buckley v. Valeogreen2 sentences2015See Buckley v. Valeo, 424 U.S. 1, 108-09 , 96 S.Ct. 612 , 46 L.Ed,2d 659 (1976). 2015See Buckley v. Valeo, 424 U.S. 1, 108-09 , 96 S.Ct. 612 , 46 L.Ed,2d 659 (1976). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Liberty Mutual Insurance Co. v. State Farm Mutual Automobile Insurance Co.
green
2 sentences2015The severability clause in Flying Club’s policy provides that "“(T)he insurance afforded under Policy Part 1 applies separately to each insured against whom claim is made or suit is brought, but the inclusion herein of more than one insured shall not operate to increase the limits of the Company’s liability.” This argument must fail in light of Liberty Mutual Insurance Co. v. State Farm Mutual Automobile Insurance Co., 522 S.W.2d 184 (Ky.l975). 1979The severability clause in Flying Club’s policy provides that “[T]he insurance afforded under Policy Part 1 applies separately to each insured against whom claim is made or suit is brought, but the inclusion herein of more than one insured shall not operate to increase the limits of the Company’s liability.” This argument must fail in light of Liberty Mutual Insurance Co. v. State Farm Mutual Automobile Insurance Co., Ky., 522 S.W.2d 184 (1975). | 2 | 1979–2015 |
Holzknecht v. Kentucky Farm Bureau Mutual Insurance Co.
green
1 sentence2021Id. at 122 . | 1 | 2021–2021 |
Northland Insurance Co. v. Zurich American Insurance Co.
green
1 sentence2015The Court considered the effect of a severability clause identical to Tower’s and reaffirmed its previous holding that “an omnibus insured is not entitled to any greater liability coverage than that afforded to the named insured who purchased the policy, notwithstanding the presence of a severability of interest clause in the policy.” Id. (citing St. | 1 | 2015–2015 |
ARGENT EX REL. VINCENT v. Brady
green
1 sentence2010“That the use of the word ‘any1 could be perceived by some as making the exclusion clearer does not make the language that was chosen ambiguous.” Argent v. Brady, 901 A.2d at 425 . | 1 | 2010–2010 |
Northwestern National Insurance v. Nemetz
green
2 sentences2005In so reasoning, K.M.R. relies on Northwestern National Insurance Company v. Nemetz, 135 Wis.2d 245 , 400 N.W.2d 33 (1986), a case in which Mr. Nemetz intentionally started a fire on property owned by him and his wife. 2005In so reasoning, K.M.R. relies on Northwestern National Insurance Company v. Nemetz, 135 Wis.2d 245 , 400 N.W.2d 33 (1986), a case in which Mr. Nemetz intentionally started a fire on property owned by him and his wife. | 1 | 2005–2005 |
Brockett v. Spokane Arcades, Inc.
green
2 sentences2003In Brockett v. Spokane Arcades, Inc., 472 U.S. 491 , 105 S.Ct. 2794 , 86 L.Ed.2d 394 (1985), a similar severability clause in a state statute was invoked to remove unconstitutional language from a statute and thereby avoid total invalidation because of partial overbreadth. 2003In Brockett v. Spokane Arcades, Inc., 472 U.S. 491 , 105 S.Ct. 2794 , 86 L.Ed.2d 394 (1985), a similar severability clause in a state statute was invoked to remove unconstitutional language from a statute and thereby avoid total invalidation because of partial overbreadth. | 1 | 2003–2003 |
Brockman v. Jones
green
1 sentence1987Brockman v. Jones, Ky.App., 610 S.W.2d 943 (1980); see KRS 381.430 (1972). [7] The doctrine of severability exists in all jurisdictions except Louisiana, 4 D. | 1 | 1987–1987 |
Rash v. Louisville & Jefferson County Metropolitan Sewer District
green
2 sentences1978The contention that the unconstitutional provision is void and is of no effect does not vitiate the remaining portions of the ordinance which contained a severability clause, as required by Rash v. Louisville and Jefferson County Metropolitan Sewer District, 309 Ky. 442 , 217 S.W.2d 232 (1949). 1978The contention that the unconstitutional provision is void and is of no effect does not vitiate the remaining portions of the ordinance which contained a severability clause, as required by Rash v. Louisville and Jefferson County Metropolitan Sewer District, 309 Ky. 442 , 217 S.W.2d 232 (1949). | 1 | 1978–1978 |
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.