Ky. Judge Allows Insurer to Assert Affirmative Defenses in Storm Damage Coverage Action

LOUISVILLE, Ky. — A Kentucky federal judge has allowed a defendant insurer to amend its answer to assert two affirmative defenses in a storm damage coverage action, ruling that the defenses are timely and provide the plaintiff with fair notice of the nature of the defenses.

In a Nov. 15 order, Senior Judge Charles R. Simpson III also denied plaintiffs’ motion to amend their complaint to add an insurance agency as a defendant, ruling that the agency is not a necessary party and that allowing the amendment would destroy complete diversity.

In June 2013, a Louisville, Ky., apartment building owned …