Ky. Farm Bureau Mut. Ins. Co. v. Conley
Annotate this CaseKeith Justin Conley (Conley) was convicted of murder his girlfriend, Jessica Newsome, whom he fatally shot in the home of his father. At the time of the shooting, Conley’s father’s home was insured through a homeowner’s insurance policy issued by Kentucky Farm Bureau (Kentucky Farm). Jessica’s parents brought a wrongful death cause of action against Conley. Kentucky Farm intervened in the action seeking a declaration that the homeowner’s policy at issue did not provide coverage to Conley for the Newsomes’ claims. The trial court ruled that the homeowner’s insurance policy provided coverage for Conley’s acts. Kentucky Farm then filed a motion under Ky. R. Civ. P. 59.05 asking the court to alter or amend its order. The trial court denied the motion. Kentucky Farm subsequently filed its notice of appeal. The Court of Appeals dismissed the appeal as untimely, concluding that the Rule 59.05 motion failed to conform with Ky. R. Civ. P. 7.02, and therefore, the Rule 59.05 motion did not toll the thirty-day period in which notice was to be filed. The Supreme Court reversed, holding that the Rule 59.05 motion, while failing to strictly comply with the requirements of Rule 7.02, was nevertheless timely, and therefore, the motion tolled the time for filing the notice of appeal.
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