When an Insured Sues a Person Who Was Not Involved In the Purchase of Insurance the Suit Fail

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Although it is common, when there is a serious injury, to sue every person and entity in sight who might have an obligation to the injured, it is counter productive to sue those not involved. Regardless, David and Margaret Warsow appealed from the summary judgment of the Graves Circuit Court entered in favor of Kentucky Farm Bureau Insurance Agency, Inc. (KFBIA) even though it proved it was not involved at all in the acquisition of insurance.

ZALMA OPINION

Of course, a person can sue a person who takes on the fiduciary duty to obtain the appropriate insurance required or an agent who fails to acquire the insurance required. However, if a person is neither an insurance agent or broker; has no employees in the state, and did nothing with regard to the insurance needed by the Warsows, filing suit against KFBIA was simply a waste of the time of the plaintiffs, the defendants and the court. The plaintiffs are lucky that the court did not sanction them for bringing this action.