Ky. Rev. Stat. » Chapter 413

Ky. Rev. Stat. § 413.320

Cause of action barred here if barred where it accrued

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When a cause of action has arisen in another state or country, and by the laws of this state or country where the cause of action accrued the time for the commencement of an action thereon is limited to a shorter period of time than the period of limitation prescribed by the laws of this state for a like cause of action, then said action shall be barred in this state at the expiration of said shorter period. History: Amended 1942 Ky. Acts ch. 206, secs. 1 and 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2542.

Notes of Decisions
Cited in 24 cases (5 in the last 5 years), 1943–2024 · leading case: Brownell Combs, Ii, Administrator C.T.A. Of the Estate of Leslie Combs, Ii, Deceased v. International Insurance Company
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Brownell Combs, Ii, Administrator C.T.A. Of the Estate of Leslie Combs, Ii, Deceased v. International Insurance Company (2004) ca6 · cites it 6× “” Plaintiff contends, alternatively, (1) that the Kentucky judiciary would interpret Kentucky’s borrowing statute so as to apply the statute of limitations of the jurisdiction that, considering all the facts, has the most significant connection with the disputed transaction, and…”
Abel v. Austin (2013) ky · cites it 6× “The Court of Appeals erred in its conclusion that KRS 413.320 required the application of Alabama’s statute of limitations.”
Bosch v. Bayer Healthcare Pharmaceuticals, Inc. (2014) kywd · cites it 2× “2013) (citing and discussing Ky.Rev.Stat. § 413.320, Kentucky’s borrowing statute).”
Stivers v. Ellington (2004) kyctapp · cites it 3× “To determine the controlling statute of limitations in this case, we must initially analyze this Commonwealth’s “borrowing statute” contained in KRS 413.320: When a cause of action has arisen in another state or country, and by the laws of the state or country where the cause of…”
Adrian Freeman v. Laventhol & Horwath, Bank of the South, N.A. (1994) ca6 · cites it 3× “1 Alternatively, defendants argued that if the district court felt constrained to follow the then-existing precedent of “borrowing” state law to supply the statute of limitations for § 10(b) claims, then the district court was obliged to apply Kentucky’s “borrowing statute,”…”
Conway v. Portfolio Recovery Associates, LLC (2014) kyed · cites it 3× “Ky.Rev.Stat. § 413.320. Thus, if the cause of action occurred outside of Kentucky, and if the place where the cause of action accrued has a shorter statute of limitations for the particular cause of action than Kentucky has, the shorter statute of limitations from the other…”
Combs v. International Insurance (2001) kyed · cites it 2× “The borrowing statute provides: When a cause of action has arisen in another state or country, and by the laws of this state or country where the cause of action accrued the time for the commencement of an action thereon is limited to a shorter period of time than the period of…”
Ellis v. Anderson (1995) kyctapp · cites it 9× “” Anderson thereafter filed a motion for summary judgment on September 20, 1993, arguing that Ellis’ cause of action was time-barred by KRS 413.320, which states in relevant part: When a cause of action has arisen in another state .”
Seat v. Eastern Greyhound Lines, Inc. (1965) kyctapphigh · cites it 3× “320 provides: “When a cause of action has arisen in another state or country, and by the laws of the state or country where the cause of action accrued the time for the commencement of an action thereon is limited to a shorter period of time than the period of limitation…”
Haeberle v. St. Paul Fire & Marine Insurance Co. (1989) kyctapp · cites it 2× “” KRS 413.320 provides: When a cause of action has arisen in another state or country, and by the laws of the state or country where the cause of action accrued the time for the commencement of an action thereon is limited to a shorter period of time than the period of…”
Ley v. Simmons (1952) kyctapphigh · cites it 2× “” The basis for appellant’s argument is the construction placed on a somewhat similar statute, now designated as KRS 413.320 (formerly Carroll’s Kentucky Statutes 2542).”
Sigrid Ethel Koeppe v. The Great Atlantic & Pacific Tea Company, Inc. (1957) ca6 · cites it 9× “” The basis for appellant’s argument in the Ley case was stated by the court therein to be the construction placed on a somewhat similar statute, now designated as KRS 413.320. That statute, prior to its amendment in 1942, provided: “When a cause of action has arisen in another…”
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