Philip G. Fairbanks

Partner

About Philip

Phil concentrates his practice on civil litigation involving a broad range of insurance disputes, including homeowners, automobile, life, disability, health, general liability, and professional liability. Phil’s practice also involves prosecuting insurance bad faith claims.

Phil handles appeals and litigates employee benefit claims under the Employee Retirement Income Security Act (ERISA), including life insurance, long term disability insurance, and health insurance.

Phil has tried multiple cases to verdict in venues throughout the state involving insurance bad faith, personal injury, professional negligence, and contract disputes. Among his results are verdicts of $15.1 million, $2.55 million, and $2.2 million. 

Phil routinely delivers continuing legal education lectures on the topic of insurance bad faith and has contributed to continuing education materials specific to insurance.

Phil is a graduate of the University of Kentucky (summa cum laude) and University of Kentucky College of Law. He is admitted to practice in Kentucky, the Sixth Circuit Court of Appeals, the Eastern District of Kentucky, and the Western District of Kentucky. 

Practice Areas


  • Life insurance
  • Employee benefit claims for short-term disability and long-term disability insurance
  • ERISA claims
  • Personal injury
  • Homeowners Claims




Bar Admissions


  • Kentucky
  • Sixth Circuit Court of Appeals
  • United States District Courts for the Eastern and Western Districts of Kentucky




Education


  • J.D., University of Kentucky College of Law (2007)
  • B.A., Finance, University of Kentucky, Summa Cum Laude (2004)




Representative Cases


  • Watson v. United States Liab. Ins. Co., 2019 Ky. App. LEXIS 94 (Ky. App. 2019) (establishing case law for accrual of statute of limitations for third-party Unfair Claims Settlement Practices claims).

  • Morcus v. Medi-Copy Servs., 2017 U.S. Dist. LEXIS 195485 (E.D. Ky. Nov. 28, 2017) (tort action for interference with disability insurance claim not preempted by ERISA).

  • Univ. of Ky. v. Davis, 551 S.W.3d 443 (Ky. App. 2017) (establishing judicial review process for long-term disability claims against University of Kentucky).

  • Nationwide Mut. Ins. Co. v. VFW of the United States, 2017 U.S. Dist. LEXIS 43956 (E.D. Ky. Mar. 27, 2017) (dismissing federal declaratory judgment claim brought by insurer related to insurance coverage dispute).

  • Foster v. American Fire & Cas. Co., 219 F. Supp. 3d 590 (E.D. Ky. 2016) (denying insurer’s motion for summary judgment in insurance bad faith claim stemming from automobile injury).

  • Bishop v. Aetna Life Ins. Co., 163 F. Supp. 3d 443 (E.D. Ky. 2016) (judgment in favor of claimant for long-term disability claim under ERISA).

  • Hatfield v. Life Ins. Co. of North America (Cigna), 2015 U.S. Dist. LEXIS 131022 (E.D. Ky. Sept. 29, 2015) (order compelling discovery responses in ERISA long-term disability claim).

  • Argotte v. Northwestern Mut. Life Ins. Co., 99 F. Supp. 3d 726 (W.D. Ky. 2015) (denying insurer’s motion for summary judgment in insurance bad faith claim stemming from long-term disability insurance).

  • Wines, Vines & Corks, LLC v. First Nat’l of Nebraska, Inc., 2014 U.S. Dist. LEXIS 198708 (D. Neb. Aug. 20, 2014) (denying motion to dismiss putative class action stemming from credit card processing data breach).

  • Auto-Owners Ins. Co. v. Warren, 2014 Ky. App. Unpub. LEXIS 532 (Ky. App. 2014) (affirming jury verdict for damages from homeowners insurance claim).

  • Lee v. Medical Protective Co., 858 F. Supp. 2d 803 (E.D. Ky. 2012) (order compelling discovery in insurance bad faith claim).

  • Riley v. Ohio Cas. Ins. Co., 855 F. Supp. 2d 662 (W.D. Ky. 2012) (remanding insurance bad faith claim to state court).

  • Greene v. Commonwealth, 349 S.W.3d 892 (Ky. 2011) (waiver of sovereign immunity for group of heirs claiming negligence on the part of state officials).

  • Medical Protective Co. v. Wiles, 2011 Ky. App. Unpub. LEXIS 983 (Ky. App. 2011) (affirming jury verdict for violations of Unfair Claims Settlement Practices Act).

  • Tinsley v. Conn. Gen. Life Ins. Co., 744 F. Supp. 2d 637 (W.D. Ky. 2010) (remanding to state court insurance bad faith claim stemming from life insurance employee benefit).

  • Busch v. Hartford Life & Accident Ins. Co., 2010 U.S. Dist. LEXIS 101881 (E.D. Ky. Sept. 27, 2010) (ordering discovery in ERISA long-term disability insurance claim).

  • Pemberton v. Reliance Std. Life Ins. Co., 2010 U.S. Dist. LEXIS 731 (E.D. Ky. Jan. 5, 2010) (decision in favor of claimant in long-term disability insurance claim).

  • Bailey v. Minnesota Life Ins. Co., 2009 U.S. Dist. LEXIS 24666 (E.D. Ky. Mar. 24, 2009) (order remanding accidental death employee benefit insurance claim to state court).

  • Pemberton v. Reliance Std. Life Ins. Co., 2009 U.S. Dist. LEXIS 2070 (E.D. Ky. Jan. 13, 2009) (ordering discovery in ERISA long-term disability insurance claim).

  • Hays v. Provident Life & Accident Ins. Co., 623 F. Supp. 2d 840 (E.D. Ky. 2008) (ordering discovery in ERISA long-term disability insurance claim).





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If you feel you have been treated unfairly or your claim has been denied by an insurance company, don't hesitate to contact our experienced disability and insurance attorneys today.

Call us immediately for a free case evaluation. Our disability and insurance attorneys can advise you on all aspects of long-term disability, ERISA, life insurance, and bad faith insurance issues. 

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Suite 800
Lexington, Kentucky 40507

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