· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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