Ranier v. Kiger Insurance

998 S.W.2d 515, 1999 Ky. App. LEXIS 86
CourtCourt of Appeals of Kentucky
DecidedJuly 23, 1999
DocketNo. 1996-CA-002778-MR, 1996-CA-002855-MR
StatusPublished
Cited by1 cases

This text of 998 S.W.2d 515 (Ranier v. Kiger Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ranier v. Kiger Insurance, 998 S.W.2d 515, 1999 Ky. App. LEXIS 86 (Ky. Ct. App. 1999).

Opinion

OPINION

BUCKINGHAM, Judge.

Phyllis Ranier (Phyllis) appeals and Ki-ger Insurance, Inc., and Kiger Enterprises d/b/a Kiger Insurance Group, successor to Kiger-Parks Insurance Group (hereinafter collectively referred to as Kiger) cross-appeal from a judgment of the Fayette Circuit Court on Kiger’s claim against Phyllis for money damages for insurance premiums allegedly owed by her. We affirm in part, reverse in part, and remand.

Phyllis and her son, Harry Ranier (Harry), operated a horse farm as a general partnership under the assumed name of Shadowlawn Farm. A certificate of assumed name was filed to that effect with the Kentucky Secretary of State in November 1981. In July 1985, the Raniers filed a statement of withdrawal of an assumed name with the secretary of state, as Phyllis had transferred all of her interest in the partnership to Harry.1 Shortly thereafter, Harry filed articles of incorporation of Shadowlawn Farm, Inc., with the secretary of state. Phyllis had no ownership interest in the corporation.

In 1984, prior to the dissolution of the partnership, Harry purchased mortality insurance on the partnership’s horses from Kiger. This policy was renewed in 1985, but subsequently lapsed. Harry purchased another policy from Kiger in 1987 which was renewed on its expiration. In 1989, the corporation’s horses were repossessed, after which Harry cancelled all of his insurance coverage with Kiger. Prior to that cancellation, however, Kiger continued to provide policies for Harry despite the fact that unpaid premiums existed in his account.

In 1991, Kiger filed suit against Harry and Phyllis to recover its unpaid premiums. The trial court found that the partnership ceased to exist in July 1985, meaning that Harry and Phyllis were hable for insurance premiums owed to Kiger which were incurred prior to that date. . The trial court further found Harry to be solely responsible for any premiums owed to Kiger which were incurred after the partnership’s dissolution. A judgment was entered, and both Phyllis and Kiger appealed.

In 1994, this court rendered an opinion holding that the trial court had correctly found that the partnership had been dissolved in July 1985 and that Harry and Phyllis were jointly hable for partnership debts which were incurred prior to that date. It is uncontested that the partnership’s debt to Kiger at the time of dissolution was $45,688.86. However, noting that Kiger had maintained Shadowlawn’s account as an open ledger account and that separate accounts were not created for each pohcy, this court agreed with Phylhs that payments on the account subsequent to the partnership dissolution could be credited to the partnership debt. Citing City of Louisa v. Horton, 263 Ky. 739, 93 S.W.2d 620 (1935), this court stated that “[i]n the absence of an application by either the debtor or the creditor, ‘the court will make the application to the payment of the more [sic] precarious or the older, if both are due.’ ” This court then remanded the case to the trial court to determine if payments made on Shadowlawn’s account “after the date of dissolution exceeded the amount owed by the partnership on the date of dissolution.”

This court further found that the Rani-ers had failed to give Kiger appropriate notice of the dissolution of the partnership, meaning that Phyllis was also bound by the actions taken by Harry after she with[517]*517drew from the partnership. Thus, this court reversed the trial court’s determination that Phyllis was not liable for post-dissolution debts owed to Kiger.2 However, this court ordered the trial court to make a finding as to whether Phyllis’s liability for post-dissolution debts owed to Kiger was limited to partnership assets by virtue of Kentucky Revised Statute (KRS) 362.320.

In March 1996, the trial court issued a lengthy order on remand. It found that Phyllis should not be entitled to credit for post-dissolution payments made to Kiger by Harry as “it is plainly unfair for Phyllis to escape payment of her just partnership debts by applying monies paid by Harry Ranier individually, and after the date of dissolution of the partnership.” The trial court’s order does not contain an explicit finding as to whether the amount of post-dissolution payments made to Kiger by Harry exceeded the partnership’s debt to Kiger at the time of dissolution, although the trial court was directed to do so by this court’s opinion. The trial court further held that, although Phyllis was liable for post-dissolution debts, her obligation for those debts was limited to partnership assets by virtue of KRS 362.320.

Phyllis filed a motion to alter, amend or vacate the trial court’s March 1996 order pursuant to Kentucky Rule of Civil Procedure (CR) 59. In its order denying Phyllis’s motion, the trial court stated that it alone had the responsibility to make findings of fact concerning whether post-dissolution payments made by Harry should be credited to the partnership’s Kiger debts or to the corporation’s Kiger debts. The trial court further stated that “[t]he Court of Appeals should not expect this Court to follow its findings of fact whether erroneous or not.” Citing Anspacher v. Utterback’s Adm’r, 252 Ky. 666, 68 S.W.2d 15 (1934), the trial court determined that its refusal to credit post-dissolution payments to Phyllis was within its discretion.

Phyllis then filed the direct appeal sub judice in which she asserts that she was entitled to credit for the post-dissolution payments. Kiger filed the cross-appeal sub judice in which it argues that the trial court erroneously found that Phyllis’s liability for post-dissolution debts was limited to partnership funds.

DIRECT APPEAL

Phyllis’s direct appeal concerns whether she is liable for the partnership debt to Kiger or whether she should receive credit for payments made by Harry after the dissolution of the partnership. It is uncontested that the partnership debt to Kiger at the time of dissolution was $45,-688.86 and that over $48,000 in cash was transferred from the partnership’s checking account to the corporation upon the dissolution of the partnership. Furthermore, it is uncontested that the post-dissolution payments made to Kiger were in excess of $64,000.3

In the first appeal, this court relied primarily upon the “doctrine of applied payments” as set forth in Anspacher, supra, which provides in relevant part as follows:

It is the generally accepted rule that, where neither the debtor nor the creditor has applied the payment to either one of two debts, owing by the first to the latter, and it becomes necessary for a court of justice to direct on what debt [518]*518the payment shall be applied ..., the court will make the application to the payment of the most precarious or the oldest, if both debts be due.... As a criterion when applying the doctrine of “applied payments,” the court should exercise a sound discretion, according to its notions of justice on equitable principles, so as to effectuate justice, according to the extrinsic equity of the case.

Id. 252 Ky. at 678. After citing Anspacher,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
998 S.W.2d 515, 1999 Ky. App. LEXIS 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ranier-v-kiger-insurance-kyctapp-1999.