1. Determine Liability

The first step is determining who is at fault for the accident. This is crucial because Kentucky operates under a “no-fault” insurance system, meaning your PIP coverage (usually $10,000) is first used to cover medical expenses and loss of income, regardless of who caused the accident. However, just because your own insurance company has been paying PIP benefits does not mean you cannot pursue a claim against the at-fault party. Under Kentucky law, you can pursue a claim against the at-fault driver if you have more than $1,000 in medical expenses, a broken bone, or other permanent injury or disfigurement.

If you have questions about what “no-fault” insurance means in Kentucky, see our previous post for more information.

2. Gather Evidence

You should gather all possible evidence to support your claim against the at-fault driver. This may include photos of the accident scene, medical records, police reports, and any witness testimonies. Evidence is key in proving the other driver’s negligence and your resulting injuries. If you continue to suffer lost wages or other damages, you should continue to keep track of this information as your losses continue to accrue.

3. Consult with a Lawyer

This is an important step, especially if you are reaching the point where your PIP coverage may be exhausted  or if your medical bills exceed $1,000. We can guide you through the process, proving the fault of the other party and negotiating with their insurance company on your behalf to ensure you get a fair settlement.

4. File a Lawsuit

If settlement negotiations are unsuccessful, filing a lawsuit may be your next option. Keep in mind that Kentucky (as of the date this article was posted) has a two-year statute of limitations for filing personal injury lawsuit related to car accidents. There can be nuances related to the deadline to file a lawsuit related to a car accident, and the laws can change on this issue. It is crucial to keep in mind that there are certain deadlines that impact your ability to pursue your claim further. Therefore, it is important to contact a lawyer as soon as possible to discuss and preserve your legal rights.

Contact Us

If you have more questions or need assistance with your case, contact us today at (800) 249-3731 for a free consultation.

Kentucky operates under a unique motor vehicle insurance system known as “no fault” insurance. But what exactly does this mean for motorists in Kentucky?

What does “No Fault” Mean?

Usually, in the aftermath of an accident, the at-fault party’s insurer is responsible for covering the damages. However, under the “no fault” system—also known as Personal Injury Protection (PIP) or Basic Reparation Benefits (BRB)—each individual’s insurance covers their own losses, regardless of who caused the accident. All registered vehicle owners in Kentucky are required to either carry PIP coverage or specifically reject it in writing.  See generally KRS Chapter 304.39.

What is PIP?

PIP is a type of auto insurance coverage that must be offered in the state of Kentucky, unless the insured rejects the coverage in writing. This coverage is designed to provide financial assistance for medical expenses, lost wages, and other related costs for the driver and passengers of the insured vehicle regardless of who is at fault in the event of an accident.

One significant aspect of PIP in Kentucky is its “no-fault” approach to car insurance claims. This means that after a car accident, each party involved uses their own PIP coverage to cover their costs, rather than claiming against the other party’s insurance. This provision is designed to reduce the number of lawsuits by allowing claims to be resolved more swiftly and efficiently.

In Kentucky, the minimum PIP coverage amount required to be offered by law is $10,000. However, policyholders have the option to purchase additional coverage if they feel it is necessary. It’s also worth noting that there are some specific exceptions to the no-fault rule, including for serious injuries or for accidents involving certain types of vehicles.

It is important to note, however, that the PIP requirements differ for motorcycles.  Typically, PIP is optional for motorcycles and must be specifically elected.

The Benefits and Limitations

One of the primary benefits of the “no fault” system is expedience. Since responsibility doesn’t need to be established, the insurance claim can be paid out much faster. Furthermore, PIP covers medical expenses, lost wages, and similar out-of-pocket costs regardless of responsibility.

However, this system also has its limitations. Under the default no-fault system, Kentucky drivers give up their right to sue or be sued unless injuries are severe, medical expenses exceed $1,000, or there was a death, permanent disfigurement, fracture, or loss of body function. If you elect not to accept no-fault limitations, you may maintain your right to sue for any auto accident injury, regardless of how minor. Of course, this also means others may sue you as well.

Tort System Option

Kentucky also maintains a “choice no fault” law. This means that drivers can opt out of the no-fault system and retain the right to sue (and be sued) for any injury.

Seeking Damages from the At-Fault Driver

PIP only pays your medical expenses and lost wages up to a certain limit. Therefore, having PIP coverage does not eliminate your ability to recover your damages against the at-fault driver. 

PIP coverage doesn’t bar a car accident victim from pursuing a lawsuit against an at-fault driver under certain conditions. You can file a lawsuit against the at-fault driver if:

• Your medical expenses exceed $1,000; or
• You have suffered a serious injury including: permanent disfigurement, broken bone, permanent injury or death.

In these scenarios, you can seek additional compensation for damages like pain and suffering, emotional distress, loss of enjoyment of life, and more. It’s crucial to engage an experienced personal injury attorney to navigate these complex legal procedures.

Understanding the complexities of PIP insurance can be difficult, and navigating a claim can often prove challenging. If you need assistance with a motor vehicle claim in Kentucky, we at Mehr Fairbanks Trial Lawyers can provide guidance through this process. Contact us today at (800) 249-3731 for a free consultation.

Reasons Why You Need a Lawyer After a Car Accident

1. Legal Expertise: Kentucky’s motor vehicle laws don’t always make it simple for victims to receive compensation. These laws may also be difficult to understand on your own. An experienced lawyer can help you understand these laws and interact with insurance companies or opposing attorneys on your behalf.

2. Representation: Dealing with the legal aftermath of a car accident can be overwhelming. Lawyers can represent your interests, enabling you to focus on healing and recovery.

3. Claim Evaluation: A lawyer assists in assessing the true value of your claim, which encompasses not just immediate healthcare expenses but also long-term medical costs, lost wages, and the pain and suffering endured.

4. Negotiation: Dealing with insurance companies can be challenging. They aim to pay out as little as possible and lawyers can help negotiate fair settlements.

5. If a lawsuit is necessary: If you’re unable to reach a fair settlement, it may be necessary to file a lawsuit. A lawyer can help navigate the deadlines associated with filing a lawsuit and can guide you through the legal process effectively.

As you can see, the role of a lawyer after a car accident can be pivotal. Having experienced legal representation advocating on your behalf can ensure your rights are upheld.

Common Pitfalls in Handling a Car Accident Claim without an Attorney

At Mehr Fairbanks Trial Lawyers, we consistently encounter misconceptions clients hold about managing their car accident claims without legal representation. While it may seem cost-effective initially, the long-term repercussions can be financially and emotionally draining. Here, we’ve highlighted some of the common pitfalls people often face when they attempt to handle their car accident claims on their own.

1. Inadequate Claim Evaluation

Without an understanding of personal injury law and experience in dealing with insurance companies, individuals might not know how much their claim is worth. Consequently, they may settle for less than they deserve or omit significant damage categories, such as emotional distress or future medical costs.

Additionally, an insurance company may have led you to believe a quick settlement is in your best interest. However, by agreeing to that settlement and signing a document that is often written by the insurance company (without your input), you may be releasing other claims against the insurance company and/or the insured driver. If you agree to a quick settlement and sign an agreement releasing your claims, you may lose the opportunity to assert other claims in the future for additional damages (both known and unknown).

2. Difficulty in Proving Liability

Proving the other party’s negligence and liability can be complicated, requiring thorough understanding of the law and collection of credible evidence. Without legal representation, demonstrating these aspects can be challenging.

3. Failure to Meet Deadlines

Car accident claims come with specific deadlines that, if missed, might lead to a claim denial or, worse, a failure to bring a lawsuit later if that becomes necessary. Legal professionals are accustomed to these timelines and can ensure all procedures are completed on time.

4. Difficulty Dealing with Insurance Companies

Insurance adjusters are skilled negotiators working to minimize the payout for the company. Unrepresented claimants might find themselves accepting lowball settlements due to inadequate negotiation skills and unfamiliarity with adjusters’ tactics.

If you or a loved one has been in a car accident and requires legal assistance, the lawyers at Mehr Fairbanks Trial Lawyers are ready to help. Please contact us for a free consultation at (800) 249-3731 to discuss your options in detail.

Wind Damage

Wind can cause severe damage to a property, particularly during storms or tornadoes. High winds can wreak havoc on roofing materials, windows, doors, and even entire structures. At Mehr Fairbanks Trial Lawyers, we strive to address our clients’ concerns and formulate strategic legal approaches to handle these cases.

Hail Damage

Hailstorms are often associated with sizeable property damages, ranging from roof shingles and flat roofs, damage to the breakage of windows, to other exterior damages like siding. Insurance claims related to hail can be quite complex, but with our team’s professional guidance, we would help navigate this process effectively.

Water Damage

Water damage is a widespread issue that arises from various sources such as leaks, freezing, pipe overflows, floods, or even extreme weather conditions. It can cause substantial property damage if not addressed immediately. At Mehr Fairbanks Trial Lawyers, we assist clients in understanding their rights and the steps necessary to claim the loss from their insurance company.

Fire Damage

Fire incidents can lead to colossal losses, affecting the structure and interiors of a property, plus potentially resulting in additional smoke and water damage. Claims involving fires require diligent investigation. We are committed to ensuring that our clients receive fair evaluations and compensation for their losses.

Is Your Claim Covered?

Insurance policies can appear daunting given their technical terminology, lengthy documents, and unfamiliar nuances. However, understanding these terms is essential for both homeowners and businesses. This understanding comes in handy particularly when making property damage claims.

Insurance coverages work on the premise that not all damages are alike. This principle forms the basis of differentiating between damages covered under homeowner insurance policies and those covered under commercial property insurance policies.

Homeowner insurance policies typically cover damages which can include covering losses due to wind, hail, water, and fire. However, the extent of the coverage, policy limits, and deductibles can significantly vary. For instance, certain types of water damage may be covered, yet damage from flooding might not be. Fire damage is usually covered, but if it is due to an intentional act, you are likely out of luck. Water damage in your home? It may not be covered if it was continuous leakage or seepage from a home appliance.

On the other hand, commercial policies have similar categories of damages but with different layers of complexity. These policies cater to a business’s multi-faceted needs, adding to the complexity. Depending on the policy, it may cover interruption of business operations, repair or replacement of special equipment or machinery, etc., aside from standard coverage of the building due to wind, hail, water, or fire.

With both types of policies, it cannot be stressed enough that the understanding of terms, conditions, and the fine print of insurance policies is crucial to ensure appropriate coverage.

If you have suffered a property loss or are facing difficulties with coverage disputes, please contact Mehr Fairbanks Trial Lawyers at (800) 249-3731. We are dedicated to helping our clients navigate through complexities, ensuring they are treated fairly by the insurance companies during their time of need.

Keep in mind, however, that even though you have insurance to help cover the cost of repairs, you must comply with the terms of your insurance policy before the insurance company will pay your claim. Insurance companies are required by law to act promptly and assist you with your claim, but your relationship with the insurer is contractual and places certain obligations on you as the policyholder.

1. Provide Prompt Notice of the Claim

Notifying the insurance company that you have experienced a loss is the first step in the claims process. This may seem obvious (no notice of claim, no payment), but it is also a requirement of your insurance contract. Give notice of the loss as soon as you become aware of it so that both you and the insurance company can investigate the damage.

Even if it is unclear early on whether the claim will exceed your deductible, providing prompt notice will protect you in the event the damage turns out to be greater than expected.

2. Document the Loss

Most people now carry a high-quality camera in their pocket, so take photos of the damage as soon as possible and throughout the repair process. Share these photos with the insurance company.

Keep a running set of notes documenting who you spoke with, what was discussed, and when each communication occurred. Months after a loss, it can be difficult to remember when you contacted a claims representative or contractor or what was said, but detailed notes will help refresh your memory.

Contact contractors you trust and obtain estimates for the cost of repairs. Getting more than one bid is a good idea. Gathering your own repair estimates is important because it is ultimately your responsibility to prove your claim. It also helps clarify for the insurance company what you are requesting.

Do not rely solely on the insurance company to prepare a reasonable estimate. Insurers often prepare their own estimates using proprietary software, but they have a financial incentive to keep costs as low as possible. These estimates are typically prepared by claims adjusters—often without a personal inspection of the property—rather than by contractors who would actually be willing to complete the work for that price.

3. Communicate and Cooperate

After you report your claim, the insurance company will likely assign a claims adjuster to serve as your primary point of contact. Check in with that adjuster regularly. Communication is usually frequent early in the process, but after the initial phase, you may need to take the lead in initiating contact.

Remain professional and keep records of all communications. Phone calls can be helpful because they allow for more informal discussion than emails or letters, but be sure to document each call. A good practice is to follow up with a professional email summarizing the conversation so you have a written record of what was discussed.

The adjuster may ask you to provide information, submit a signed proof of loss, or supply other documentation. Under your insurance policy, you have a duty to cooperate and to respond to reasonable requests for information.

4. How to Deal With an Impasse

If the insurance company is not paying your claim in the amount you believe you are entitled to, request a written explanation detailing the reasons why. Insurance companies are required to explain the basis for denying a claim or paying less than the amount requested.

Review your policy carefully to confirm that what you are requesting is covered. Insurance policies vary, and some provide better protection than others for certain types of claims (such as mold, water backup, or replacement cost coverage).

Ask the insurance company to pay any undisputed amounts immediately. This can allow you to begin repairs while you continue to address the disputed portion of the claim.

Be aware that most insurance policies contain provisions limiting the time you have to file a lawsuit—often as little as one year from the date of loss. If your claim remains unpaid, contact the attorneys at Mehr Fairbanks for a free consultation. You can reach us through our website here or by phone at (859) 225-3731.

How ERISA Works

The Employee Retirement Income Security Act (ERISA) was established to safeguard employees’ interests in retirement and health benefits offered by their employers. It sets standards to ensure that benefit plans are adequately managed and that employees are informed about their rights and plan details. ERISA covers a variety of employer-sponsored plans, including retirement plans such as 401(k) and pension plans, as well as welfare benefit plans like health insurance, disability insurance, and life insurance. However, ERISA does not typically apply to governmental or church-sponsored plans, plans established outside the United States for nonresident employees, or certain compensation arrangements like overtime pay.

Under ERISA, a fiduciary is anyone with discretionary authority or control over plan management, its assets, or the administration of the plan itself. This can include plan administrators, trustees, investment managers, or anyone else who exercises significant control over the plan. Fiduciaries have a critical role in ensuring that the plan operates in the best interests of its participants and must adhere to strict responsibilities. These responsibilities include acting prudently in managing the plan, avoiding conflicts of interest, and ensuring that transactions within the plan align with its objectives. Fiduciaries are also accountable for providing accurate and timely information so participants can make informed decisions about their benefits. Failure to meet these obligations can lead to legal consequences, underscoring the importance of accountability in protecting employees’ benefits under ERISA.

ERISA Violations

• Failure to Disclose Information: Under ERISA, employers must provide participants with detailed and accurate information about their retirement and health plans. A failure to disclose required documents or information, such as a Summary Plan Description (SPD) or annual reports, can prevent employees from fully understanding their rights and benefits, leaving them vulnerable to misinformation or uncertainty about their financial future.
• Denial of Benefits: ERISA ensures employees have access to promised benefits, but some may face wrongful denials due to errors in administration or misinterpretations of plan terms. Denials can have serious financial consequences, especially for those relying on benefits for medical expenses, retirement planning, or disability coverage. Claimants may need to challenge these denials to protect their entitlements.
• Breach of Fiduciary Duties: Those managing and overseeing ERISA-regulated plans have fiduciary duties to act in the best interests of participants. A breach occurs when fiduciaries mismanage funds, fail to follow plan documents, or make decisions that unfairly disadvantage beneficiaries. Such breaches can lead to financial harm for employees and undermine trust in the employer-sponsored benefits.
• Retaliation: ERISA protects employees from retaliation for asserting their rights under the act. This could include being demoted, terminated, or harassed for questioning a denied claim or reporting misconduct. Retaliation violates the protections afforded by the law and can create a hostile work environment.
• Improper Plan Amendments: ERISA also governs the amendment of benefit plans. Failing to provide proper notice of changes, or enacting modifications that unlawfully reduce benefits, may constitute a violation of employees’ rights under the act.

Legal Claims Based on ERISA Violations

The Employee Retirement Income Security Act (ERISA) provides important protections for employees, including the right to bring legal claims when their rights under an employee benefit plan are violated. If an employee believes their plan has been mismanaged, benefits wrongfully denied, or fiduciary duties breached, they can file a claim in federal court. Remedies under ERISA can vary depending on the nature of the violation. For instance, a court may order the payment of wrongfully denied plan benefits, restoration of losses caused by fiduciary misconduct, or changes to ensure the proper management of the plan going forward. In certain cases, employees may also seek equitable relief, such as an injunction to prevent ongoing violations.

Some lawsuits under ERISA are brought as class actions, especially when alleged violations impact a large group of employees who participate in the same benefit plan. Class actions allow employees to collectively pursue claims against an employer, plan administrator, or fiduciary when similar legal issues affect multiple participants. This approach can create efficiency by addressing widespread harm in a single lawsuit, rather than requiring each affected individual to file separate claims.

To initiate a class action under ERISA, specific legal requirements must be met. These include demonstrating that the group has common legal and factual claims, the proposed class is sufficiently large, and that the named plaintiffs can fairly and adequately represent the interests of all class members. Meeting these criteria ensures that the case is managed effectively while protecting the rights of all participants.

Appealing a Denial of a Benefit Claim Under ERISA: Importance and Steps

The Employee Retirement Income Security Act (ERISA) governs a variety of employer-provided benefits, encompassing health and life insurance, disability insurance, pension plans, and more. Unfortunately, denials of ERISA benefit claims can create significant hardships. Should your claim be denied, it’s crucial to fully understand the importance of, and procedure for, making an appeal.

Importance of an Appeal

Appealing the denial of a benefit claim under ERISA is an essential process that can help ensure you receive the benefits, such as disability, that you’re entitled to. A successful appeal can provide the funds and resources needed to provide an income while addressing your health concerns.

In addition, the appeal record can be used as the administrative record if your case ends up in court. This means that any evidence or argument you submit during your appeal could be crucial in a later legal dispute. It is significant that the administrative record that is compiled during the appeal stage contain all the evidence that you may need to use to support your claim at the lawsuit stage.

Steps in the Appeals Process

• Understanding Your Denial: Begin by examining the reason specified for your claim denial in your denial letter. This notice should provide an understanding of the issues you need to address in your appeal.
• Gathering Documentation: Compile all relevant documents, such as medical records or physician statements, which can provide substantial evidence to argue against the denial.
• Submit Your Appeal: Prepare a comprehensive appeal letter detailing the reasons why the denial should be overturned, backed up by your evidence. The letter should be sent to the insurance company within the time limits specified in the denial letter. In most cases, you will have 180 days from that date of the denial to submit an appeal. However, each policy and claim is different and shorter deadlines to appeal may apply to your claim. Be sure to follow all guidelines laid out in your plan for filing an appeal.
• Legal Representation: Given the complexities of ERISA claims and the stakes involved, it might be advantageous to seek the services of a qualified attorney. Our team at Mehr Fairbanks Trial Lawyers could assist with your appeal by preparing a compelling case and ensuring you adhere to all ERISA regulations. Reach out to us at (800) 249-3731 for a consultation.

Assistance With Employee Benefits

Navigating legal challenges related to your employee benefits can be daunting. Federal laws, such as the Employee Retirement Income Security Act (ERISA), provide safeguards designed to protect employees from wrongful treatment, ensuring access to promised benefits and fair practices. Whether you are facing a denial of disability or life insurance benefits, fighting for your benefits is critical. These situations often involve complex legal rules and require thorough attention to detail. At Mehr Fairbanks Trial Lawyers, we assist employees by providing clear guidance through these disputes and advocating for their rights every step of the way. If you’re dealing with an issue related to your employee benefits, call us for a Free Consultation at (800) 249-3731. We’re here to help you understand your options and secure your rights.

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

The National Trial Lawyers has chosen Partners Elizabeth Thornsbury and Bartley Hagerman to the “Top 40 Under 40” National Trial Lawyers for 2025!

Elizabeth’s National Trial Lawyers profile can be viewed here. Bartley’s National Trial Lawyers profile can be viewed here.

Partner Philip Fairbanks is also a Top 100 National Trial Lawyer!

Philip’s National Trial Lawyers profile can be viewed here.

The National Trial Lawyers is a professional organization composed of the premier trial lawyers from across the country who exemplify superior qualifications as civil plaintiff or criminal defense trial lawyers.

If you have an insurance claim or questions regarding a potential legal claim, call us today for a free consultation: (859) 225-3731. Any of our Partners are happy to speak with you!

Very rarely is your entire roof blown off during a storm. If the whole roof were damaged, then clearly the insurer would owe for the entirety of the roof. Still, most roof claims involve portions of the roof being damaged or sections of shingles being blown off. In those instances, with partial damage, what is a policyholder entitled to?

Fortunately, in Kentucky, we have an insurance regulation, 806 KAR 12:095, that addresses this question. It says:

(b) If a loss requires replacement of items and the replaced items do not reasonably match in quality, color, and size, the insurer shall replace all items in the area so as to conform to a reasonably uniform appearance. This applies to interior and exterior losses. The insured shall not bear any cost over the applicable deductible.

What does this mean? For a roof, if a partial replacement of shingles or other roofing materials does not match the existing undamaged portion of the roof in quality, color, or size, the insurer shall (i.e. must) replace the entire roof to conform to a uniform appearance. This does not just apply to roofs, but applies to all interior (think tile flooring, for example) and exterior (roofs, bricks, etc.) losses under replacement cost policies.

Many times, the existing shingles are no longer available on the market, hence a matching shingle is unable to be found for a partial replacement. Also, even if existing shingles are available on the market, it is quite possible that the shingles still on the roof have faded or weathered over the years and do not match a new shingle. Either way, the insurance company should replace the entire roof to conform to a uniform appearance and to avoid unsightly patches,

The Kentucky Department of Insurance issues Advisory Opinions on the Department’s position on certain issues. It issued Advisory Opinion 2023-08 on October 17, 2023, regarding the roof matching provisions that required by 806 KAR 12:095. The Department explained:

The intent of this regulatory provision is to protect the value of an insured’s home or other real property, which could be damaged by the installation of a non-uniform item. The Department interprets “area” to mean the entirety of a part used for a specific purpose, i.e. an entire roof, an entire contiguous interior carpet, an entire contiguous interior tile floor, etc. This language does not permit a “line of sight” rule to be applied when replacing portions of a roof or other “area.”

To illustrate, if the shingles on one slant of a residential roof must be replaced due to damage covered by an applicable property insurance policy, and absent the availability of matching shingles that would render the slant in question reasonably uniform to the remainder of the roof, then an entirely new roof must be installed. Repairing only a portion of the roof with non-uniform shingles that do not reasonably match the remainder of the roof would diminish the value of the home. In situations where the existing roof shingles are still in production and available, use of the same shingles will satisfy the regulation despite any discoloration due to regular aging or wear from use. If the same shingles are not available, the Department would review the quality, color, and size of replacement shingles to determine whether a reasonable match has been met.

Thus, the Department essentially reiterated that the Regulation means what it says. If a partial replacement would leave a roof in a non-uniform appearance, the replacement of the entire roof is required.

If you have questions about a roof claim, please contact the attorneys at Mehr Fairbanks Trial Lawyers at 859-225-3731 or submit an inquiry through our website.

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

If you have had property damage at your home and received an insurance claim payment from your insurance company, you may be wondering why this payment is significantly less than the cost to repair your property.

Insurers will often refer to the initial payment to you as “actual cash value” or a payment that has “depreciation” deducted. The term “actual cash value” simply means the cost to replace your roof minus the depreciation of your roof. This is often calculated by the insurance company using a computer estimating software called Xactimate.

Even if you have purchased a replacement cost insurance policy, most homeowners’ insurance policies contain payment provisions that allow the insurance company first to pay this lesser “actual cash value.” Then, after you complete the repairs, you can make an additional claim to recover the depreciation that is being held from you.

It is important to remember that after your repairs are done, you need to actively reach out to your insurance company to let them know the repairs are complete and that you are requesting to be paid the amount of recoverable depreciation. The full amount may only be available after this two-step process.

Think of it this way: let’s say you have damage to a roof that is 10 years old. If the damage requires the replacement of the entire roof, the insurance company will first make an “actual cash value” payment to you. This payment deducts depreciation so that the insurance company is paying you for the value of a 10-year-old roof. Once you complete the repairs, you can make an additional claim for the replacement cost, which is the cost of a new roof. The difference is the depreciation.

This issue was analyzed in Hicks v. State Farm Fire & Cas. Co., 965 F.3d 452 (6th Cir. 2020). The insurance policy in that case, like many others, contained language allowing the insurer to first pay “actual cash value,” and then after repairs were completed, the insured could seek to be paid the recoverable depreciation. The insurer:

produced an ACV calculation (RCV minus material and labor cost depreciation), subtracted the insured’s deductible, and then [the insurer] paid that Xactimate estimate to the insured.

Insureds did not have to spend this ACV payment or make repairs on their property; if they made no repairs or made repairs for less than the ACV payment, they did not have to return any of the ACV payment to [the insurer]. If an insured made repairs and incurred costs exceeding the ACV payment, however, the individual could seek further payment from [the insurer]. In this second stage, the insured could seek repayment of replacement cost benefits based on documentation showing the repairs made and the costs incurred.

Hicks, 65 F.3d at 455.

When you buy a replacement cost insurance policy, you are entitled to these additional benefits once your repairs are complete. Don’t forget to follow up with your insurance company to recover these funds. There may be a limited amount of time for you to make a claim for replacement cost benefits, so it’s always a good idea to complete the repairs in a timely fashion and then report the completed repairs to your insurer.

If you have had a property damage claim to your home and have questions, contact us at Mehr Fairbanks Trial Lawyers.

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

Elizabeth is listed as a top rated Employee Benefits attorney in Lexington, Kentucky. Selections are determined on 12 indicators of peer recognition and professional achievement on an annual, state-by-state basis. Being named to the Rising Stars list is a prestigious distinction that only the top 2.5% of attorneys receive.

Why is there such a disparity in how physical and mental conditions are treated by disability insurance carriers? There shouldn’t be – and other types of coverage (such as health insurance) do not have this disparity. However, action is now being taken to try and make this change for disability policies. The 2023 ERISA Advisory Council has taken a focus on this very issue this year. Their goal has been to “study the scope and impact of employee benefit plans’ limitations on disability benefits for mental health and substance use conditions.”

The ERISA Advisory Council has now urged Congress to pass legislation for mental health parity in disability policies. And, since this news, a large disability insurance carrier – Sun Life – has vocalized support for mental health parity. Sun Life, in a press release, stated:

There is a mental health crisis in America. Benefits designed 75 years ago and continued as a market tradition do not reflect today’s reality. We encourage others to join us in supporting efforts to evolve disability coverage to meet the current needs of American workers. We must do the right thing and ensure we are covering the conditions that need to be covered, so that workers can get the support and assistance they need. Getting people back to health and back to work whenever possible remains the goal, and providing good mental health benefits to bridge people through times when they can’t work is a good investment.

Support such as this is significant and cannot be emphasized enough. Mental health conditions should be given the same priority and review that physical conditions are given under ERISA disability policies. A known long-term disability insurance carrier supporting this legislation makes us hopeful there will be a shift in the future. All conditions and disabilities deserve the same recognition and protection – and disability insurance carriers should join the ERISA Advisory Council and Sun Life by recognizing that mental health matters and a change is needed to protect the American citizens that are provided this coverage with the belief that they will be protected long term in the event of any disability.

You can read the 2023 ERISA Advisory Council notice, as well as the Sun Life press release statement by clicking the links above.

If you have an employee benefit plan and questions regarding your coverage, call us today for a free consultation: (859) 225-3731. Any of our Partners are happy to speak with you!

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.

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