The Kentucky Motor Vehicle Reparation Act, KRS 304.39, et seq., provides an exclusive remedy where an insurance company wrongfully delays or denies payment of no-fault benefits. There is no other Kentucky statute, regulation or...
Read MorePunitive damages were not permitted for the breach of contract claim in Federal Kemper Ins. Co. v. Hornback, 711 SW 2d 844 (Ky. 1986). However, Justice Liebson’s dissent is noted for future reference on the existence of a...
Read MoreFrom Property Insurance Coverage Law Blog, Merlin Law Group: Litigation does not end the continuing duty of good faith In a recent case in Tennessee, homeowners suffered a fire loss and filed a claim with their insurance...
Read MoreIs a reservation of rights and providing the insured counsel, a defense to statutory and contractual bad faith claims? The Court of Appeals basically said – nope, it ain’t. The following opinion by Judge Thompson...
Read MoreInsurance. Torts. Unfair Claims Settlement Practices Act. Murphy vs. Travelers Cas. and Surety Co. COA, NPO 1/17/2014 Here the COA stated the obvious and affirmed the dismissal of a claim of violation of the Unfair Claims...
Read MoreFrom Excel v. Liberty Mutual, COA, NPO, 5/6/2011 Next, Exel contends the trial court erred by finding that it failed to present evidence to support a finding that Liberty’s actions caused actual damage or injury to Exel....
Read MoreFrom Excel v. Liberty Mutual, COA, NPO, 5/6/2011 On appeal, Exel first argues that the trial court erred by granting Liberty’s motion for summary judgment because proof of actual damages is not necessary to sustain a claim of...
Read More