Kentucky Supreme
Court Will Not Be Reconsidering the Cinelli Rule
On October 23, 2012, I reviewed
the decision of the Kentucky Court of Appeals in Spears v. Kentucky Insurance Agency, Inc., 2012 WL 4839015 (Ky.
App. Oct. 12, 2012), wherein a highly fractured court (the three-judge panel
issued three separate opinions) considered the application of Kentucky’s “all
or nothing” rule as embodied in Cinelli
v. Ward, 997 S.W.2d 474 (Ky. App. 1998).
Spears, who argued that a letter of intent was sufficient to create a
binding contract, that position being rejected by the Court of Appeals, applied
to the Kentucky Supreme Court for discretionary review.
On August 21, the Kentucky Supreme Court denied
discretionary review. As such, the Cinelli Rule remains in place.
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