Possible Reconsideration of the Cinelli Rule ?

Possible Reconsideration of the Cinelli Rule ?

        On October 23, I reviewed the decision of the Kentucky Court of Appeals in Spears v. Kentucky Insurance Agency, Inc., 2011-CA-0000481, 2012 WL 4839015 (Ky. App. October 12, 2012), wherein a highly fractured court 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 the letter of intent was sufficient to create a binding contract, that position being rejected by the Court of Appeals, has applied to the Kentucky Supreme Court for discretionary review.  That application was filed on November 9, 2012.