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Kentucky Farm Bureau Mut. Ins. Co. v. Conley

Supreme Court of Kentucky

April 2, 2015

KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY, APPELLANT
v.
KEITH JUSTIN CONLEY, LORETTA NEWSOME, and GREGORY NEWSOME, INDIVIDUALLY, AND AS ADMINISTRATOR FOR THE ESTATE OF JESSICA NEWSOME, APPELLEES

Released for Publication April 23, 2015.

ON REVIEW fro COURT OF APPEALS. CASE NO. 2011-CA-001764-MR. KNOTT CIRCUIT COURT NO. 05-CI-00377.

COUNSEL FOR APPELLANT: Michael D. Risley, Marcia L. Wireman, Bethany A. Breetz.

COUNSEL FOR APPELLEE, KEITH JUSTIN CONLEY: Stephen W. Owens, Ned Barry Pillersdorf, Deborah R. Lewis.

COUNSEL FOR APPELLEES, LORETTA NEWSOME and GREGORY NEWSOME, INDIVIDUALLY, AND AS ADMINISTRATOR FOR THE ESTATE OF JESSICA NEWSOME: Glenn Martin Hammond.

Minton, C.J.; Cunningham, Noble, and Venters, JJ., and Special Justice Richard W. Martin and Special Justice David B. Sloan, sitting. All concur.

Page 815

OPINION

ABRAMSON, JUSTICE

REVERSING AND REMANDING

Kentucky Farm Bureau Mutual Insurance Company seeks discretionary review of a dismissal of its appeal of a Knott Circuit Court order declaring that a homeowner's insurance policy provided coverage

Page 816

for claims arising from a murder that took place in the insured's home. The Court of Appeals dismissed Kentucky Farm Bureau's appeal as untimely after concluding that a Kentucky Rule of Civil Procedure (CR) 59.05 motion to alter, amend, or vacate the trial court's order was deficient due to a lack of " particularity" and therefore failed to toll the time for filing a notice of appeal. Kentucky Farm Bureau now claims that the Court of Appeals erred in dismissing its appeal. We agree, and reverse and remand.

FACTS

In 2006, Keith Justin Conley (" Conley" ) was convicted of murdering his girlfriend, Jessica Newsome, who he fatally shot in the home of his father, Keith E. Conley.[1] Conley and Jessica were living in Keith E. Conley's home at the time of the shooting. Gregory and Loretta Newsome (" the Newsomes" ) brought a wrongful death cause of action against Conley for damages arising from their daughter's death. At the time of the shooting, Keith E. Conley's home was insured through a homeowner's insurance policy issued by Kentucky Farm Bureau. Subject to a reservation of rights, Kentucky Farm Bureau provided a defense to Conley for the Newsomes' claims against him. Kentucky Farm Bureau also intervened in the action for the purpose of ...


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