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· 3/24/1922

Caudill v. Bernheim

Citations

  • 194 Ky. 368
  • 238 S.W. 1041
  • 1922 Ky. LEXIS 152

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that the merits of an affirmative defense generally cannot be used to sustain a motion to dismiss
  • finding that any further attempt to appeal refusal of coverage would have been futile under the circumstances after failing to respond to two requests for documents by the beneficiary
  • stating there are “‘relatively rare circumstances where facts sufficient to rule on an affirmative defense are alleged in the complaint.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clay

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.