Court: Kentucky Supreme Court
Docket: 2020-SC-0061-DG
Opinion Date: June 17, 2021
Judge: Vanmeter
Areas of Law: Personal Injury
The Supreme Court affirmed the decision of the court of appeals affirming the order of the circuit court granting summary judgment in favor of State Farm Fire and Casualty Insurance Company in the underlying personal injury case, holding that there was no error.
Bessie Perkins began caring for the children of Donald and Julie Thomas and Jeffrey and Elizabeth Renner in the summer of 2015. That fall, the Renner child was diagnosed with the shaken baby syndrome. Thereafter, the Thomas child was diagnosed with two leg fractures. The parents brought a negligence action against Bessie and Jerry Perkins. State Farm, as the Perkinses’ insurer, filed an intervening complaint arguing that the Perkinses’ behavior implicated the “child care services exclusion,” relieving State Farm of liability. The circuit court entered a declaratory judgment in favor of State Farm as to both sets of plaintiffs, finding that the child care services exclusion applied. The Supreme Court affirmed, holding that the policy was unambiguous and reasonable.
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