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NAT. RESOURCES & ENV. PROTECTION v. KIGA

No. 95-CA-0746-MR.

972 S.W.2d 276 (1997)

COMMONWEALTH of Kentucky, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET; Phillip J. Shepherd, Secretary Appellants, v. KENTUCKY INSURANCE GUARANTY ASSOCIATION, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied August 8, 1997.

Discretionary Review Denied by Supreme Court April 8, 1998.

Attorney(s) appearing for the Case

Mark A. Posnansky, Mary A. Stephens, Frankfort, for appellants.

John S. Talbott, III, Philip E. Wilson, Lexington, for appellee.

Before WILHOIT, C.J., and ABRAMSON and EMBERTON, JJ.

OPINION

ABRAMSON, Judge.

This appeal raises several novel issues regarding the application of the seven-year limitations provision contained in KRS 413.220(3) to claims against the Kentucky Insurance Guaranty Association ("KIGA") arising from the insolvencies of sureties which had issued surface mining performance bonds. In a declaratory judgment proceeding, the Franklin Circuit Court determined that the statute barred several claims which the Natural...

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