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Kentucky ERISA Disability & Life Insurance Claim Lawyers

Insurance Company Reverses Their Denial of LTD Benefits

April 21, 2020 | by Mehr Fairbanks Trial Lawyers

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Attorney Bartley Hagerman successfully got a client’s Long-Term Disability benefits reinstated with The Hartford. Before reaching out to our office, the client had been denied long-term disability benefits from his insurance company. Attorney Hagerman’s appeal succeeded, resulting in The Hartford reversing their denial and putting our client back on claim to receive monthly benefits.

At Mehr Fairbanks Trial Lawyers, we strive to help all of our clients in various types of cases. For long-term and short-term disability cases, we are here to help you before, during, and if needed, after the appeal process to help you get all of the benefits that you are entitled to. We are dedicated to helping you against all of the major insurance companies. For a full list of insurance companies we have worked with, click here.

If you or someone you know has been wrongfully denied benefits for long-term or short-term disability benefits, don’t wait. Contact us today to see what we can do to help you with all of your needs. Click here for a free case evaluation or call us now at (800) 249-3731.

Business Interruption Claims for COVID-19

March 27, 2020 | by Mehr Fairbanks Trial Lawyers

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Does your business interruption insurance cover losses from the coronavirus, also known as COVID-19?

Whether your claim is covered or not is likely dependent on the type of policy and the specific language in it. If you have a business that has been affected by closures, check your business owners policies to see what losses may be covered. While some policies don’t cover losses caused by viruses or bacteria, your particular policy could have coverage for overhead expenses and income loss. It’s also possible you have a coverage extension or endorsement that covers losses from communicable diseases, viruses, or actions taken by the government or civil authority.

If your business interruption claim has been denied or have questions about your coverage, contact an experienced insurance lawyer at Mehr Fairbanks Trial Lawyers at (800) 249-3731 for a free consultation, or click here to submit a request online to speak with an attorney.

COVID-19 Update on Office Operations

March 19, 2020 | by Mehr Fairbanks Trial Lawyers

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Effective immediately, due to COVID-19 and government recommendations, our office will be closed to the public until further notice, unless you have confirmed a time to meet with someone in our office directly. However, we will continue to provide the highest level of legal services to our current clients and potential clients.

If you have a meeting scheduled with one of our attorneys in the next few weeks, we will likely contact you about rescheduling.

If you are seeking legal assistance or consultation, please contact us via phone at 800-249-3731, or contact one of our attorneys or staff directly via email at:

The Secrets of Health Insurance Companies

March 17, 2020 | by Mehr Fairbanks Trial Lawyers

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Health insurance companies are supposed to protect their policyholders by providing financial protection and reimbursement against losses. They collect premiums from their clients over a period of time to pay for future losses. When a person buys an insurance policy, they are entering into a contract. This contract is expected to be upheld and followed even when unexpected accidents and expenses occur. There are laws set in place to help and protect policyholders from health insurance companies when they wrongfully deny coverage to their insured. Read on to find out how you can identify the signs of wrongful treatment and how to protect yourself.

What Should Health Insurance Companies Cover

This list does not include all the possible items and instances of coverage. To see a full list of items that should be covered by your insurance company, take a further look into the details of your health insurance policy. The list below includes major services that should be covered under basic policies:

What to Do When a Tornado Strikes

March 12, 2020 | by Mehr Fairbanks Trial Lawyers

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As spring approaches, it is important that homeowners know their options should a catastrophic storm damage their home and property. We are only roughly three months into the year, and tornadoes have already caused significant damage nearby. Nashville, Tennessee was just struck by an EF3 strength tornado outbreak between March 2 and March 3. During these tornadoes, parts of Kentucky were affected as well.

When you think of a major storm, a tornado may not be the first type of damage that comes to mind. After all, hurricanes and earthquakes typically have much longer lasting effects, but tornadoes cause just as many problems as any other type of storm. Tornadoes typically accompany strong winds, flooding and lightning—all of which bring their own type of damage along as well.

Tornadoes are measured using the Fujita scale with F5 being the most intense level of damage with winds ranging from high 200s to 300s, F4 with wind speeds of low to mid 200s, F3 with wind speeds ranging from mid 100s to low 200s, F2 tornadoes have strong wind speeds of low to mid 100s, F1 tornadoes have moderate wind speeds of 70s to low 100s and F0 tornadoes are usually below 75 miles per hour. No matter the level of intensity of tornadoes, all of them impact their victims significantly. Even an F0 tornado can cause significant damage to your home.

Mehr Receives Distinguished CLE Speaker Award

March 5, 2020 | by Mehr Fairbanks Trial Lawyers

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Austin Mehr poses with his “Distinguished CLE Speaker” plaque following his presentation at the Perry County Bar Association meeting on March 4, 2020.

Mehr to Give CLE Presentation in Hazard

March 3, 2020 | by Mehr Fairbanks Trial Lawyers

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On Wednesday, March 3, 2020, Austin Mehr will be at Perry County City Hall (700 Main Street, Hazard, Kentucky 41701) to give a presentation on insurance bad faith litigation. The presentation will be worth one (1) hour of CLE credit.

Can a Homeowners Insurance Company Deny My Claim or Cancel My Policy?

February 14, 2020 | by Mehr Fairbanks Trial Lawyers

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When a homeowners insurance company wrongfully denies or unreasonably delays payment of a valid homeowners insurance claim, it is called acting in “bad faith.” Your homeowners insurance policy is a contract between you and the insurance company. That contract creates a special relationship between you and your homeowners insurance company that requires them to act in good faith in their dealings with you. When they play games with your valid homeowners insurance property damage claim, they are acting in bad faith.

If your homeowners insurance company has recently denied your homeowners insurance claim or cancelled your policy, below are some answers as to why and how our homeowners insurance lawyers can help.

What is covered by a homeowner’s policy? What is and is not covered by a homeowner’s policy depends on the terms of the policy itself. Generally, the policy will cover certain “perils” such as fire or storm damage and will pay for the “losses” associated with those perils, such as the cost of making repairs. Most policies cover the actual cost of the repairs unless the home is a total loss (the cost of repairs exceeds the value of the home). Some policies provide for payment on an “actual cash value” basis unless and until the repairs are actually made, at which time the policy provides for “replacement cost.”

Court Grants Client’s Summary Judgment in Homeowners Insurance Claim

February 5, 2020 | by Mehr Fairbanks Trial Lawyers

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Homeowners insurance companies sometimes raise unexpected reasons for the denial of a claim. In a case being handled by Mehr Fairbanks Trial Lawyers attorney Austin Mehr against Allstate, Allstate argued that since the insured’s son was the resident of the premise, not the insured herself, she had left the home vacant and, therefore, was not entitled to coverage for a fire loss. The court rejected this argument and granted Plaintiff’s Motion for Summary Judgment on Plaintiff’s Complaint for Declaration of Rights stating that:

“…the Court notes that the ‘where you reside clause’ as interpreted by Allstate is in direct conflict with another provision that allows Howard to vaca[te] and leave the premise for an unlimited time period.”

The Order explained:

Frequently Asked Questions (FAQs) on Accidents

December 17, 2019 | by Mehr Fairbanks Trial Lawyers

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The accident attorneys at Mehr Fairbanks Trial Lawyers frequently represent people who have been injured in accidents. Car wrecks, medical mishaps, and falls can frequently devastate a family. In those circumstances, the injured party has a right to sue the negligent person or company. The injured party can recover medical expenses, lost wages, damage to future earning capacity, and pain and suffering damages.

Below are some frequently asked questions regarding accidents. If you have further questions or you’ve recently been injured in an accident, contact one of our experienced personal injury attorneys for a free consultation today.

What compensation can I receive if I’ve been in a car accident? If you are in a car accident caused by someone else, you could recover damages in the form of lost wages, out-of-pocket expenses, damage to your property, medical expenses, and pain and suffering. Even if the accident is your fault, you may have insurance coverage for the damages you sustain.
What if I’m in a car accident without insurance? If someone without insurance causes an accident involving you, you could have a claim under your own insurance under uninsured motorist coverage, if you elected this coverage.
Can I receive compensation if I’ve been in a motorcycle accident? If you are a motorcycle rider and are in an accident caused by someone else, you are entitled to damages just as if you were in a car. This can include lost wages, out-of-pocket expenses, damage to your property, medical expenses, and pain and suffering.
What if I’m in a motorcycle accident without insurance? If someone without insurance causes an accident involving you, you could have a claim under your own insurance under uninsured motorist coverage, if you elected this coverage.
Can I receive compensation if I’ve been in a truck accident? If you are in a truck accident caused by someone else, you could recover damages in the form of lost wages, out-of-pocket expenses, damage to your property, medical expenses, and pain and suffering. Even if the accident is your fault, you may have insurance coverage for the damages you sustain.
What if I’m in a truck accident without insurance? If someone without insurance causes an accident involving you, you could have a claim under your own insurance under uninsured motorist coverage, if you elected this coverage.
How does the criminal or traffic case relate to a personal injury claim or lawsuit? A criminal or traffic charge can impact a civil suit for personal injury. If the crime or traffic charge arises out of the same facts and circumstances which create civil liability, a conviction or guilty plea on such charges can be used against the offender in a civil proceeding. But, being found not guilty of criminal charges or traffic violations does not absolve the offender of liability for damages caused to another in a civil proceeding. They are different standards.
Can I obtain the cell phone records of the driver? Cell phone records can typically be obtained by subpoena to the cell service provider. Those records are not confidential or protected from the subpoena powers of the court, and the records can be used against you.
How can I prove the other driver was responsible? Lawyers skilled in personal injury actions arising from a motor vehicle incident use various tools and techniques to establish the liability of the driver causing the damages. These can rely on many sources of evidence including witness testimony, video camera footage, accident reconstruction, and expert witness testimony.