Public-domain · open source
OpenJurist

KRS 413.240

Action against surety -- When limitation does not run

Applied in 1 court decision — leading case Commonwealth, Natural Resources & Environmental Protection Cabinet v. Kentucky Insurance Guaranty Ass'n (1997)

Most recently applied in Commonwealth, Natural Resources & Environmental Protection Cabinet v. Kentucky Insurance Guaranty Ass'n (May 1997)

Effective: October 1, 1942 History: Recodified 1942 Ky

The limitations given in KRS 413.220 and 413.230 shall not apply to the time elapsed when there was no executor, administrator or other person authorized to commence an action, nor to the six (6) months during which an action cannot be brought against a personal representative, nor to any delay assented to by the surety in writing. If judgment is rendered for the plaintiff in any case provided for in those sections and it is afterwards reversed or arrested so that the plaintiff takes nothing by it, he may commence another action within one (1) year thereafter. If the surety absconds, conceals himself or by removal from the state or otherwise, obstructs or hinders his being sued the time of such obstruction shall not be counted as part of the time of limitation allowed by those sections. If the judgment is obstructed by appeal, supersedeas or injunction the time of such obstruction shall also be disallowed.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.