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- September 16, 2016
- Follow Us is a matter of law for the Court. City of Morgantown v. Royal Ins. Co., 337 S.W.2d 242 (Ky.1960). But cases decided by the federal court in Kentucky are not binding authority. Shaw v. United States, 463 F.2d 1296 (6th Cir. 1972). The precise issue has not been decided by the state courts. We have been cited to no such decision and have found none. Furthermore, no other state statute has been cited to us. Consequently, we have undertaken our own independent research.
The Kentucky statute which became effective in 1967 stated that "`Fire insurance shall not be issued on the property of the insured unless the amount of insurance carried shall be at least equal to the amount of insurance required by the municipality.'" KRS 417.140(1). The statute was amended in 1974 to change the date to which the insurance must be equal to the requirements of the municipality. See KRS 417.140(2).
*636 The same statute was quoted in Wolfe v. American Mutual Insurance Co., 470 S.W.2d 381 (Ky.1971). Wolfe was decided under the statute as amended in 1974. Consequently, we cannot give it any weight on the precise issue presented here. However, Wolfe stated that the statute "expressly made a requirement that the liability policy be equal to the statutory requirement." Wolfe, supra, 470 S.W.2d at 385. We cannot agree with the conclusion that the "liability policy" referred to in Wolfe is an insurance policy such as we have before us.
Wolfe held that the statute required the minimum coverage stated in the statute. But in Wessling, supra, the Supreme Court of Kentucky held that KRS 417.140 did not require the type of "name and location" insurance required by the city ordinance. The holding of Wessling is binding on us as to this case.
We find that the insurance policy which the city had the authority to require was not a policy which afforded the type of insurance required by KRS 446.520. Consequently, we conclude that the trial court was correct in holding that the insurance required by KRS 446.520 did not encompass the coverage required by KRS 417.140.
The next question which we consider is whether the trial court was correct in holding that the city had waived the requirement that its ordinance be complied with 01e38acffe
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Epson PCL 6i Printer
Product Description
The P50 is an easy-to-use, multifunction monochrome printer. It has two internal print engines, which can print up to 6 black and up to 8 colors pages per minute.
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0.65 lbs.
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6 x 7.5 x 12 in.
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Shipping Weight:
0.65 lbs.
Product Description
The P50 is an easy-to-use, multifunction monochrome printer. It has two internal print engines, which can print up to 6 black and up to 8 colors pages per minute.
Features & Benefits
2400x600 dpi
Full page multi-sheet auto-feed
Prints up to 12 ppm in monochrome
Prints up to 6 pages per minute in color
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