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On June 15, 2023, Mehr Fairbanks obtained a favorable opinion from the Kentucky Supreme Court related to a more than $15 million trial verdict in Magoffin County that Mehr Fairbanks obtained for its clients in October 2018. Following the jury’s verdict, the case was appealed by the insurance company. With the most recent decision, the Kentucky Supreme Court reversed a decision on appeal by the Kentucky Court of Appeals. The Supreme Court held that Kentucky case law “should not be construed as requiring a final judicial determination of coverage prior to filing a third-party tort claim against an insurer.” Importantly, the Court held that “the longstanding requirements of Wittmer v. Jones” continues to apply in insurance bad faith claims. 

 

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Call us today at (859) 225-3731 or visit us here to request a free consultation with one of Mehr Fairbanks’ attorneys.

 

 

*The information contained within this post should not be considered legal advice or legal representation.

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On April 21st, the Kentucky Court of Appeals issued a unanimous opinion in favor of Mehr Fairbanks Trial Lawyers’ client, the Greenville Cumberland Presbyterian Church. The Court of Appeals opinion reverses and remands the Muhlenberg Circuit Court’s decision to enter summary judgment in favor of State Auto Property & Casualty Company. State Auto had issued an insurance policy to the church but when the church roof collapsed, State Auto denied the claim. The Court of Appeals ruled that there was in fact insurance coverage for the church’s loss under the State Auto policy.

Mehr Fairbanks partner Bartley Hagerman wrote the briefs and argued the case before the Court of Appeals.

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ERISA Disability

An experienced Kentucky ERISA disability lawyer can explain why disability insurance and other forms of insurance that are provided through your employer or union fall under a federal law known as The Employee Retirement Income Security Act of 1974, or “ERISA.”

Like many other employee benefits, ERISA disability law is designed to protect employees who have paid for or been promised these benefits through their employer. These benefits include:

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Mehr Fairbanks’ Partner, Elizabeth A. Thornsbury, has been nominated and accepted as a Member of the 2023 Lawyers of Distinction! Lawyers of Distinction Members are selected based upon a review and vetting process by a Selection Committee using factors to recognize the nominee’s achievements and peer recognition.

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