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DECEMBER 22, 2000; 10:00 a.m. NOT TO BE PUBLISHED

C ommonwealth O f K entucky C ourt O f A ppeals
NO. 1999-CA-002222-MR APPELLANT AGRICULTURAL INSURANCE COMPANY

v.

APPEAL FROM FAYETTE CIRCUIT COURT HONORABLE MARY C. NOBLE, JUDGE ACTION NO. 97-CI-00863

DIXIANA FARM, INC.; AND MORRIS B. FLOYD AND WILLIAM BURROW FLOYD, COEXECUTORS OF THE ESTATE OF WILLIAM H. FLOYD, DECEASED, INDIVIDUALLY, and D/B/A FAIRWAY FARM THOROUGHBRED NURSERY SUCCESSORS IN THE INTEREST TO WILLIAM H. FLOYD, INDIVIDUALLY AND D/B/A FAIRWAY FARM THOROUGHBRED NURSERY OPINION REVERSING AND REMANDING ** ** ** ** ** BEFORE: GUIDUGLI, MCANULTY, AND TACKETT JUDGES. MCANULTY, JUDGE:

APPELLEES

Agricultural Insurance Company (AIC) appeals an

order of the Fayette Circuit Court entering summary judgment whereby awarding, as a matter of law, Dixiana Farm, Inc. (Dixiana) proceeds claimed due under an equine mortality insurance policy which proceeds AIC asserted Dixiana forfeited under the terms and conditions of the policy. Having reviewed

the record and applicable law, we reverse and remand. Dixiana owned a fifty percent (50%) interest in the thoroughbred mare "Alydar's Fable." William Floyd (Floyd),

deceased, owned the remaining fifty percent (50%) interest.

AIC

issued to Dixiana an actual cash value equine insurance policy covering mortality losses of various equines, including Alydar's Fable. The policy of insurance in question covered a period of

time between April 1, 1996, and April 1, 1997. The mare Alydar's Fable suffered from dystocia (difficulty foaling) and secondary peritonitis following the stillbirth of her foal in March, 1996. This medical information

was properly related to AIC vis

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