InterNACHI wins lawsuit to change law for home inspectors in Kentucky

On June 25, 2015, InterNACHI sued the Commonwealth of Kentucky, the Radon Program Advisory Committee, and the Secretary of the Cabinet for Health and Services to relieve inspectors of having to purchase $500,000.00 worth of E&O insurance (not just GL insurance) and a $10,000.00 license and permit bond just to perform a radon test.  CLICK HERE to read lawsuit.

On June 26, 2015, we then made a motion for a temporary injunction. CLICK HERE to read motion for temporary injunction.  
 
On July 2, 2015, after a hearing, the restraining order we sought was granted by the judge.  CLICK HERE to read the order. 
 
On February 15, 2016, we entered into an agreement.  CLICK HERE.
 
And finally, on March 26, 2019, we succeeded in having the law changed permanently:
 
From: Rick Masters <lawsaver@aol.com>
Date: Tue, Mar 26, 2019, 8:32 PM
Subject: Re: Notice of Further Proceedings in InterNACHI et al. v. Cabinet for Health and Family Services, et al.
 
Gentlemen and Ladies,
 
I'm happy to confirm that the long awaited statutory amendments to the Kentucky Radon statutes has been passed by the General Assembly and signed by the Governor.
 
The amendments to KRS Chapter 211 have repealed the prohibition against the initial inspection entity being permitted to perform subsequent remediation of the same building; reduction of the amount and type of insurance required which has been reduced to a general liability policy providing coverage of $250,000.00; changes to the manner in which the Kentucky Radon Control Program Advisory Board is appointed with a more representative group and term limits.
 
Based upon the fact that substantially all of the modifications which we initially sought in this lawsuit have now been accomplished, and pursuant to what we agreed to do when we began negotiating a settlement of the matter and entered into the agreed order holding the case in abeyance since February 15, 2016, it is now appropriate for the entry of an agreed order of dismissal so that the matter may be taken off the docket.
 
I've attached the prior agreed order and the newly enacted statute contained in HB 420 passed by the General Assembly.  This order will be submitted for entry by the Court.
 
Don't hesitate to call if you have any questions.
 
Best Regards,
 
Rick Masters
Masters, Mullins & Arrington
1012 S. 4th Street
Louisville, KY 40203 
Office - (502) 582-2900 
Fax - (502) 587-0931
 
 
CLICK HERE to read the revised statute.
 
Many thanks to member David Michael Green for leading this effort.
 

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