A judge overruled a motion in Fayette Circuit Court to dismiss an insurance company from a lawsuit filed by the estate of Amanda Ross, who was gunned down at her home last September.
Circuit Judge Thomas Clark heard arguments during a hearing Thursday afternoon.
Diana M. Ross, as personal representative of the estate of Amanda Ross, is suing Cincinnati Insurance Co., which the lawsuit says provides insurance to the community where Ross lived, for breach of contract.
The lawsuit says Cincinnati Insurance denied medical expenses for Amanda Ross even though she paid dues, which were used to purchase the policy with Cincinnati. It also says that Cincinnati breached the applicable policy by failing to compensate the plaintiff for ambulance, medical, hospital and funeral services.
Amanda Ross, 29, was found shot outside her Opera House Square town home on Sept. 11. Former state Rep. Steve Nunn, 57, is charged with murder and violating a domestic violence order of protection.
Diana Ross, the victim's mother, is also suing the gated community, alleging that officials allowed Nunn access to the facility after Amanda Ross told them she had an active emergency protective order against him.
Her estate is seeking an undetermined amount for injuries and damages, as well as punitive damages.
The plaintiff's attorney, Lucy Pett, said that the insurance company concealed coverage and forced Diana Ross to sue to get benefits.
"I feel very strongly that they acted in bad faith," Pett said.
However, Ronald L. Green of Lexington, who represented the insurance company, said Kentucky law did not support the bad faith claim in the lawsuit. And, Green said, no medical bills were submitted to the company until May.