Insurance | Kentucky Court Report

Torts: Bad Faith and Nonpayment or Delay of Payment of PIP benefits (MVRA)

by Michael Stevens | Oct 17, 2017 | Bad Faith, Causes of Action, Elements of Proof, Insurance | 0 |

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...

Torts: Breach of fiduciary duty and first party insurance claims

by Michael Stevens | Oct 17, 2017 | Bad Faith, Case Notes, Causes of Action, Insurance, Torts | 0 |

Punitive 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...

TN. Tennessee Decision relies upon Kentucky Decision (Knotts v. Zurich Ins. Co., 197 S.W.3d 512 (Ky.2006) to conclude insurer’s duty of good faith continues into litigation

by Michael Stevens | Oct 19, 2015 | Bad Faith, Insurance, Torts | 0 |

From 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...

Case Note: Roniesha Adams, Mother and Guardian of Minor Child B.A. v. State Farm Mutual Automobile Ins. Co., COA Published, 6/12/2015

by Michael Stevens | Jun 22, 2015 | Insurance | 0 |

The “EUO” or examination under oath in insurance policies have often been the tools of the SIU or special investigation units. Or as so aptly stated in the following decision on behalf of Ms. Adams –...

Attorney Sideebar: Six Traps You Should Watch Out for in Auto Accident Releases, or Get Ready To Stand Up to A Bully

by Michael Stevens | Mar 30, 2015 | Attorney Sidebar, Ethics, Insurance, Opinions and Editorials, Settlements & Releases | 1 |

Here are six TRAPS to watch out for when the liability insurer wants to settle and your client is anxious for the money. Items in a release the liability insurer may present in a brute show of force, stealthily added to the...

Insurance: DOI Slams a Liability Insurer’s “Attempt At Forced Settlement Of Basic Reparation Benefits” – Department of Insurance Advisory Opinion 15-02, approved 3/20/2015

by Michael Stevens | Mar 24, 2015 | DOI - Dept of Insurance, Insurance | 0 |

The Department of Insurance has issued an advisory opinion (Attempt At Forced Settlement Of Basic Reparation Benefits 15-02) highlighting an insurance company practice of offering a bodily injury BI settlement to a claimant only...

Case Notes: Plaintiff prevails in excluding evidence at trial but loses $1.9 million verdict on appeal when it should have come in – Motorists Mutual Ins. Co. vs. Gypsie Thacker (COA, NPO 2/6/2015)

by Michael Stevens | Mar 4, 2015 | Case Notes, COA Decisions, Evidence, Insurance, Trial | 0 |

Trying cases is tough. You are in the arena which can seem like a war zone, making decisions in a blink of an eye, but always keeping the other eye looking to preserve errors for appeal so when the case is “tried”...

Case Notes: Of bad faith and duties to defend, investigate and indemnify – Demetre vs. Indiana Insurance Co., COA Published, Jan. 30, 2015

by Michael Stevens | Mar 3, 2015 | Bad Faith, Case Notes, COA Decisions, Insurance, Torts | 0 |

Is 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...

Case Notes: Wrongful death claim accrued from date no later than defendant’s indictment (Flick vs. Estate of Christina Wittich; COA Published 2/6/2015)

by Michael Stevens | Feb 12, 2015 | Case Notes, COA Decisions, Insurance, Statute of Limitations, Wrongful Death | 0 |

FLICK (MICHAEL JOSEPH) VS. THE ESTATE OF CHRISTINA WITTICH COA, Published 2/6/2015 OPINION REVERSING AND REMANDING MAZE (PRESIDING JUDGE); KRAMER (CONCURS) AND J. LAMBERT (DISSENTS AND WILL NOT FILE A SEPARATE OPINION) MAZE,...

Case Notes: Ward vs. Nationwide Assurance Co. COA NPO (non published opinion) 12/24/2014 Opinion Affirming; Jefferson County

by Michael Stevens | Dec 31, 2014 | Case Notes, COA Decisions, Court of Appeals, Insurance, UM and UIM | 0 |

The Supreme Court remanded the following case back to the Court of Appeals to render a decision consistent with State Farm Mutual Auto Insurance Company v. Hodgkiss-Warrick, 413 S.W.3d 875 (2013). For what it’s worth and...

Cause of Action. Kentucky is not a “direct action” state. Insurance company not proper defendant in wrongful death claim resulting in dismissal withOUT prejudice (Estate of Moore vs. Kentucky Farm Bureau Mutual Ins. Co. COA, NPO 2/21/2014)

by Michael Stevens | Sep 13, 2014 | Causes of Action, Civil Procedure, COA Decisions, Insurance, Torts | 0 |

Estate of Moore vs. Kentucky Farm Bureau Mutual Ins. Co COA, NPO 2/21/2014 PJ Caperton Affirming in Part, Reversing in Part, and Remanding Allen County Affirmed dismissal of wrongful death claim (but without prejudice) asserted...

Case Notes: INSURANCE & STATUTE OF LIMITATIONS: Second Panel of COA holds statute of limitations for UIM underinsured motorist benefits ACCRUES from date insurer denies the claim and not based upon date of accident of last PIP payment

by Michael Stevens | Aug 17, 2014 | Case Notes, COA Decisions, Court of Appeals, Insurance, Statute of Limitations, Tort Report, UM and UIM | 0 |

Court of Appeals has now held in a second published decision that the statute of limitations on a UIM claim begins to run when the insurer denies a claim for UIM coverage. I have addressed this issue of accrual multiple times...

Case Notes: INSURANCE (UM): UM Policies. Do they follow the car or the named insured, and are they primary or subject to excess and pro rata provisions? Well, let the Supreme Court decide!

by Michael Stevens | Aug 1, 2014 | Case Notes, COA Decisions, Insurance, SCOKY Discretionary Review, Tort Report, UM and UIM | 0 |

A heretofore sacred cow rule for uninsured motorist benefits that the uninsured motorist benefits (UM) follows the car was re-examined with a new rule emanating from the Kentucky Court of Appeals in Countryway Ins. Co. v....

INSURANCE (UM): “Other insurance”, excess insurance and priority of UM coverage with vehicle in collision and personal policy (Countryway vs. United Financial Cas. Co., COA PUB 1/24/2014)

by Michael Stevens | Jan 24, 2014 | COA Decisions, Insurance, Tort Report, UM and UIM | 0 |

Uninsured motorist benefits and priority between two policies; “other insurance” Countryway Ins. Co. v. United Financial Casualty Co. Warren Cir. Ct., Judge John R. Grise COA, PUB 1/24/2014, Presiding Judge Allison...

DEFENSES: No bad faith when no underlying insurance policy (Murphy vs. Travelers, COA NPO 1/17/2014)

by Michael Stevens | Jan 17, 2014 | Bad Faith, COA Decisions, Court of Appeals, Insurance, Tort Report, Torts | 0 |

Insurance. 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...

DEFENSES / INSURANCE: Estoppel to deny coverage by failure to timely raise reservation of rights (Ohio Cas. Co. vs. Wellington Place Council, COA NPO 1/20/2014)

by Michael Stevens | Jan 10, 2014 | COA Decisions, Court of Appeals, Defenses, Insurance, Tort Report | 0 |

Insurance. Estoppel to deny coverage. Ohio Ca. Ins. Co. vs. Wellington Place Council of Co-Owners Homeowners Association COA NPO 1/10/2014 The COA affirmed the trial court’s determination that the insurance company was estopped...

Wilma Jean Shelton vs. Kentucky Easter Seals Society, Inc., 2011-SC-000554-DG, SC, Published 11/22/2013 – Open and Obvious Doctrine Buried

by Michael Stevens | Nov 25, 2013 | Causes of Action, Insurance, SCOKY - Supreme Court, SCOKY Decisions, Torts | 2 |

A 4-3 decision announced this past week and authored by Chief Justice Minton should end nearly three years of parsing and quibbling over their earlier decision in Kentucky River Medical Center v. McIntosh, 319 S.W.3d 385 (Ky....

Of UIM, a Coots Advance, Subrogation, and Identification of the Parties (Psihountakis vs. Courtney Moore and Auto-Owners Insurance Company COA, Not To Be Published, 6/21/2013)

by Michael Stevens | Oct 10, 2013 | COA Decisions, Insurance, Trial | 0 |

From “Behind the Green Curtain in the Land of Oz” The Lion – “I’m afraid to look!.” Toto – “Woof, Woof” Dorothy – “Oh my. Do you really think there is...

Std. of Review: Summary Judgment on Appeal and Opposing Party Presenting Some Affirmative Evidence

by Michael Stevens | Sep 20, 2013 | Insurance, Premises Liability, Standards of Review | 0 |

902. Summary Judgment Reversed on Appeal; Torts. Slip and Fall, Premises Liability, Ice and Natural Hazards Ollie Barker vs. John D. Northcutt Rowan County, Judge William Evans Lane Not to be Published, 9/20/2013 Here is the...

Case Notes: Of UIM, Statutes of Limitation and Gordian Knots. Riggs v. State Farm Holds Contractual limitation for Underinsured Motorist Claim Matching Up with Tort Claim is Unreasonable.

by Michael Stevens | Jul 22, 2013 | Case Notes, Insurance, Statute of Limitations, UM and UIM | 0 |

Court of Appeals held that State Farm’s contractual limitation in the automobile insurance policy requiring any action for underinsured motorist (UIM) benefits be brought within two years of the date of the injury or the...

Category: Insurance

Torts: Bad Faith and Nonpayment or Delay of Payment of PIP benefits (MVRA)

Torts: Breach of fiduciary duty and first party insurance claims

TN. Tennessee Decision relies upon Kentucky Decision (Knotts v. Zurich Ins. Co., 197 S.W.3d 512 (Ky.2006) to conclude insurer’s duty of good faith continues into litigation

Case Note: Roniesha Adams, Mother and Guardian of Minor Child B.A. v. State Farm Mutual Automobile Ins. Co., COA Published, 6/12/2015

Attorney Sideebar: Six Traps You Should Watch Out for in Auto Accident Releases, or Get Ready To Stand Up to A Bully

Insurance: DOI Slams a Liability Insurer’s “Attempt At Forced Settlement Of Basic Reparation Benefits” – Department of Insurance Advisory Opinion 15-02, approved 3/20/2015

Case Notes: Plaintiff prevails in excluding evidence at trial but loses $1.9 million verdict on appeal when it should have come in – Motorists Mutual Ins. Co. vs. Gypsie Thacker (COA, NPO 2/6/2015)

Case Notes: Of bad faith and duties to defend, investigate and indemnify – Demetre vs. Indiana Insurance Co., COA Published, Jan. 30, 2015

Case Notes: Wrongful death claim accrued from date no later than defendant’s indictment (Flick vs. Estate of Christina Wittich; COA Published 2/6/2015)

Case Notes: Ward vs. Nationwide Assurance Co. COA NPO (non published opinion) 12/24/2014 Opinion Affirming; Jefferson County

Cause of Action. Kentucky is not a “direct action” state. Insurance company not proper defendant in wrongful death claim resulting in dismissal withOUT prejudice (Estate of Moore vs. Kentucky Farm Bureau Mutual Ins. Co. COA, NPO 2/21/2014)

Case Notes: INSURANCE & STATUTE OF LIMITATIONS: Second Panel of COA holds statute of limitations for UIM underinsured motorist benefits ACCRUES from date insurer denies the claim and not based upon date of accident of last PIP payment

Case Notes: INSURANCE (UM): UM Policies. Do they follow the car or the named insured, and are they primary or subject to excess and pro rata provisions? Well, let the Supreme Court decide!

INSURANCE (UM): “Other insurance”, excess insurance and priority of UM coverage with vehicle in collision and personal policy (Countryway vs. United Financial Cas. Co., COA PUB 1/24/2014)

DEFENSES: No bad faith when no underlying insurance policy (Murphy vs. Travelers, COA NPO 1/17/2014)

DEFENSES / INSURANCE: Estoppel to deny coverage by failure to timely raise reservation of rights (Ohio Cas. Co. vs. Wellington Place Council, COA NPO 1/20/2014)

Wilma Jean Shelton vs. Kentucky Easter Seals Society, Inc., 2011-SC-000554-DG, SC, Published 11/22/2013 – Open and Obvious Doctrine Buried

Of UIM, a Coots Advance, Subrogation, and Identification of the Parties (Psihountakis vs. Courtney Moore and Auto-Owners Insurance Company COA, Not To Be Published, 6/21/2013)

Std. of Review: Summary Judgment on Appeal and Opposing Party Presenting Some Affirmative Evidence

Case Notes: Of UIM, Statutes of Limitation and Gordian Knots. Riggs v. State Farm Holds Contractual limitation for Underinsured Motorist Claim Matching Up with Tort Claim is Unreasonable.

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