Kentucky
Wild Eggs Holdings v. State Auto and Property Casualty Ins. Co
Year: 2021
Court: United States Court of Appeals for the Sixth Circuit
Case Number: 21-5962
Issue:
  • COVID-19
State:
  • Kentucky

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…
Ashland Hospital Corporation D/B/A King’s Daughters Medical Center, et al. v. Darwin Select Insurance Co., et al.
Year: 2021
Court: Kentucky Supreme Court
Case Number: 2020-SC-0260-D
Issue:
  • Duty to pay defense costs
State:
  • Kentucky

In its amicus curiae brief, UP supports an insured Kentucky hospital that was ordered to reimburse its insurer for legal fees previously paid by the insurer to defend the hospital in underlying lawsuits. UP’s brief argued: (1) procedurally, the lower court lacked the authority to…
George, Albert and Pearl, Karen Miller & Steven Jackson v. Guaranty National Insurance Company
Year: 1996
Court: Kentucky Supreme Court
Case Number: 96-SC-512-D
Issue:
  • Fairly Debatable Standard
State:
  • Kentucky

Insurance coverage; “fairly debatable” standard; reformation; bad faith; fiduciary duty; attorney-client privilege-standard of review
Knotts vs. Zurich Insurance Company
Year: 2004
Court: Kentucky Supreme Court
Case Number: 000-400
Issue:
  • Continuing Duty
State:
  • Kentucky

Insurance Company has a continuing duty of good faith and fair dealing after a lawsuit has been filed.
Kentucky Farm Bureau Mutual Insurance Company vs. Rodgers, Tina
Year: 2002
Court: Kentucky Supreme Court
Case Number:
Issue:
  • Punitive Damages
State:
  • Kentucky

Punitive damages; public service nature of insurance
Bridgeman v. Woodmen
Year: 2019
Court: Commonwealth of Kentucky Supreme Court
Case Number: 15-CA-000720
Issue:
  • Policyholders have a right to hold insurers accountable in open court in a jury trial
State:
  • Kentucky

**UPdate 4/25: The Kentucky Supreme Court dismissed the petition as settled. Immediately upon the Supreme Court’s acceptance of United Policyholder’s amicus brief, the insurer (Woodmen) paid the claim. The amicus brief was the impetus/trigger to a successful result for the insured’s beneficiaries. Thank you again…
Susan Hicks and Don Williams, Plaintiffs-Appellees, v. State Farm Fire & Casualty Company, Defendant-Appellant.
Year: 2018
Court: U.S. Court of Appeal, 6th Circuit
Case Number: Case No. 18-5104
Issue:
  • Labor Depreciation
State:
  • Kentucky

This amicus brief discusses the wrongful depreciation of labor, an insurer strategy to minimize benefit payments after a loss. An insurance contract must receive a reasonable interpretation consistent with the parties’ expression in the language of the contract. Depreciation is the reduction of tangible property…
Hicks v. State Farm Fire & Casualty Co.
Year: 2020
Court: United States Court of Appeals for the Sixth Circuit
Case Number: 19-5719
Issue:
  • Labor Depreciation
State:
  • Kentucky

This lawsuit concerns deficient actual cash value (ACV) payments. Plaintiffs challenge State Farm’s method of calculating ACV and, in large part, challenge State Farm’s depreciation of labor. In its brief, UP first argues that the “costs of repair or replacement” language in the ACV loss…