 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Aetna Casualty & Surety Co.3/8/2002
h of its obligation to defend the insureds does not provide for a rewriting of the policy contract to award the insured more coverage than it purchased. No such claim of bad faith has been made against ANI; nor is any such allegation supported by the record.
Finally, all of the appellees, including Chem-Nuclear, maintain that the trial court erred in refusing to allow them to recover their attorneys' fees incurred in the declaration action initiated by ANI. With the exception of a specific contractual provision allowing for recovery of attorneys' fees or a fee-shifting statute, Kentucky generally requires each party to assume responsibility for his or her own attorney's fees. Nucor Corp. v. General Electric Co., Ky., 812 S.W.2d 136 (1991). We are aware that other jurisdictions have allowed an insured to recover the costs incurred in defending a declaration action initiated by the insurer where such an action resulted in a judgment that a duty to defend was indeed owed to the insured. However, we cannot agree that the appellees in this case are entitled to such a recovery. They have not pointed to the kind of breach of the insurance contract which would serve as a proper predicate for entitlement to such damages. Both parties to an insurance contract have the right to seek a declaration of rights regarding a question of coverage. Any suspected abuse of the legal process with regard to bringing a declaratory judgment action would be more properly addressed by a motion filed pursuant to Kentucky Rules of Civil Procedure (CR) 11 or by recourse to an action for bad faith. Recovery of attorneys' fees is neither the proper vehicle nor a permissible remedy.
The judgment of the Jefferson Circuit Court is affirmed in all respects with the exception of that portion of the judgment pertaining to the Commonwealth of Kentucky's allegation of error with respect to the jury instructions on the issue of fortuity. The matter is remanded for a new trial consistent with this opinion on the issue of fortuity as to whether the Commonwealth intended or expected the harm resulting from its involvement with Maxey Flats.
ALL CONCUR.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Kentucky Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|