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October 2015 Archives

Examinations Under Oath

In Adams v. State Farm Mut. Auto. Ins. Co., the Court of Appeals recently addressed Examinations Under Oath. In Adams, two passengers that were injured in an automobile accident were denied Basic Reparations Benefits for noncompliance with the terms of the applicable insurance contract "by failing to cooperate in the investigation of their claims when they did not participate in an Examination Under Oath (EUO...)." Adams v. State Farm Mut. Auto. Ins. Co., No. 2013-CA-002152-MR, 2015 WL 3638004, at *1 (Ky. Ct. App. June 12, 2015). The insurance company argued that "the EUO was a requirement under the contract of insurance [it] had with its insured. The trial court granted [the insurance company's] motion for declaratory and summary judgment on this issue. The Appellants then brought this appeal asserting that nothing in the Motor Vehicle Reparations Act (MVRA) allows for a dismissal by the court on these grounds." Id.

Selecting a guardian for your child

One of the most common things that you and your spouse may want to avoid doing when creating a will is selecting a guardian for your children. But it is also the most important thing you can do. Do you really want a judge who doesn't know your children to be the one to appoint a guardian if something happens to you?

Nationwide Truck Parking Shortage Clashes with Kentucky's Parking Statute and Proposed Bill

he US Department of Transportation's Federal Highway Administration recently surveyed state departments of transportation concerning the lack of truck parking capacity. The survey results indicate that at least 37 states have a shortage of official parking for tractor-trailers. In addition, where there is official parking, it is overcrowded. According to the survey, states also report parking shortages in public rest areas, private truck stops, highway weigh stations, commercial areas, and designated pullout areas.

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