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HAPPY BIRTHDAY to the Unfair Claims Settlement Practices Act! Thirty-five years ago today, our Kentucky state legislators met and voted UNANIMOUSLY to pass the Unfair Claims Settlement Practices Act.

This law leveled the playing field for all citizens of the state against insurance company claim practices.  No longer could insurance companies leverage the unequal bargaining position they had against someone financially distressed because a terrible event had occurred in their life. No longer could insurance companies take advantage of the immediate need for money that stems from accidents, deaths, disability and life‘s tragedies! It put an end to insurance companies delaying claims unreasonably until they can save money.

The fight continues at Mehr, Fairbanks & Peterson to enforce these laws and to stop insurance claim abuses. There continues to be inappropriate motivations and lack of training of claims personnel to, first and foremost, be fair and prompt in claim payments.

[Article: Salyersville Independent –]

SALYERSVILLE – A Magoffin County jury made the largest bad faith judgment in Magoffin County’s history on Friday, awarding a family over $15 million in an 11-year-old civil case.

Just as a brief synopsis, and at the risk of missing something pertinent in the long and detailed case, around 2003 or 2004 J.D. Carty Resources reportedly drilled a natural gas well where they had not been given the rights. Those rights belonged to the heirs of Ben and Lillian Salyer, who had signed the deed to mineral rights 100 years ago. The well was beyond successful, producing $1.3 million worth of natural gas, even at one point having to evacuate the area around it on Stinson Creek (on Patton Fork). However, the family still hasn’t seen the first dime of the money.

An insurance company ordered by a Magoffin County jury to dish out $15.3 million to the heirs of a Saylersville family will appeal, the company’s attorney said, further extending an 11-year legal battle that likely involves the largest bad-faith insurance verdict in the state’s history.

The jury handed down the verdict late last month, compelling the company to pay the heirs of a family that owned mineral rights for a Magoffin County property where two drilling companies wrongfully extracted about $1.3 million of natural gas more than a decade ago, according to documents filed in the case.

In 2007, about 80 people who inherited mineral rights to the property brought the case against natural gas drilling companies J.D. Carty Resources, LLC., and Anaconda Drilling, LLC., for wrongfully extracting and selling natural gas from the land, according to court records.


Anxiety can manifest in multiple different ways. Generalized anxiety disorder is a common form of anxiety that is classified by the patient experiencing a state of worry and uneasiness, not related to anything, for at least six months.

It is possible to develop generalized anxiety disorder at any age. GAD has similar traits to panic disorder, obsessive-compulsive disorder and other forms of anxiety, however, they all differ.

Living with GAD can be a challenge every day. In most cases, GAD is accompanied by another anxiety or mood disorder. Normally, GAD improves with medication, diet, and psychotherapy. Mediation and learning other coping skills have also been known to help improve the day-to-day life of most patients.


You need to know what are the common mistakes to watch out for in order to increase your chance of getting ERISA (Employee Retirement Income Security Act) long-term disability benefits.

Did you know that you may be eligible to claim long-term disability benefits under ERISA should you be unable to work because of sudden disability? You may actually also enjoy these benefits under an employer-sponsored group insurance plan. However, how you apply for the benefits is critical to get the best possible outcome. You cannot discount that the process in ERISA long-term disability benefits application is fraught with challenges and a simple oversight can adversely affect your chance to get the benefits. As such, it helps to know what to watch out. Even better, consulting an ERISA lawyer in Kentucky will be advantageous to you do not waste any time understanding the complicated process of ERISA benefits.

Avoid These ERISA Disability Missteps


While finalizing the purchase of a home, it is important to get as much information about the offer as possible. This includes insurance coverage, what is included in the acquisition, and what the buyer is accountable for with the house. If the realty agent, broker or loan provider lied or misled the buyers, this could result in a civil suit against the company or the individual.

If you or anyone you know in Lexington believe to have been duped in the purchase of the property, one of the best options you may get is our Lexington insurance attorneys at Mehr, Fairbanks & Peterson Trial Lawyers.

Can I Sue My Realtor For Not Being Honest?


When somebody acquires a home, it is recommended to likewise obtain a comprehensive insurance policy for a myriad of protections. A policy could shield from fires, floods, theft, as well as comparable concerns. Nevertheless, it is critical to know what sorts of security are not provided in these types of coverage too.

If there is a requirement for additional insurance, it should be bought, yet the policy has to be understood, or it is feasible, to get an insurance provider where gaps may exist such as smoke or fire damages or theft of just particular goods. Standard insurance coverage might not be suitable for particular areas around the USA.

The standard policy that a new homeowner purchases usually covers whatever he or she may think about, however, this is not always sufficient based on what may go wrong. The theft policy may only cover small products such as radios, books, as well as digital gizmos, but the larger purchases may be exempt from this policy. Vandalism generally covers any type of damage, however, if theft is not part of the deed, anything stolen may not be compensated. Weather condition may include fire, wind, lightning, and similar problems, yet it may not cover flooded areas with extensive rains. And also, there are times when other issues occur that the homeowners may not have thought can happen in his or her place.


In his decision back in April, U.S. District Judge David L. Bunning declined to dismiss former members of St. Elizabeth Medical Center Employees’ Pension Plan Administrative Committee from an Employee Retirement Income Security Act breach-of-fiduciary-duty claim that the plan had not been properly funded.

On Friday, October 5, 2018, Judge Bunning once again rejected the former administrative committee members’ attempts to be dismissed from the case and denied their motion for reconsideration.

Arguing that the Judge’s April order was in conflict with Duncan v. Muzyn, a Sixth Circuit Court decision where it was found that the plaintiff in the case hadn’t alleged any “more than a hypothetical loss of expected benefits,” and based thereon, dismissed the plan management team from the claim.


On October 4, 2018, a Kentucky jury found against defendant, Greenwich Insurance Co. in favor of dozens of heirs of Ben and Lillian Salyer, plaintiffs. The case arose from JD Carty and other companies insured by Greenwich for trespassing on land owned by the Salyer’s, building roads and drilling wells to access natural gas under the land for several years.

The jury determined that Greenwich acted in bad faith by refusing to settle claims in the matter. The jury awarded plaintiffs $15 million in compensatory and punitive damages.

Having found that Greenwich committed multiple violations of Kentucky’s Unfair Claims Settlement Practices Act, the jury awarded a total of $834,000 in anxiety and mental anguish damages to plaintiffs, plus $14.3 million in punitive damages.

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