& Bad Faith Litigation
There are many unique aspects to Kentucky law when it comes to issues related to insurance coverage and bad faith issues. For example, Kentucky has the dubious distinction of being one of only a few states in the nation that allows a third-party claimant to sue his tort opponent’s insurance company for a violation of the Unfair Claims Settlement Practices Act. Our attorneys have been involved in making the law in this area for over 25 years, and have the experience to guide insurers through the thicket of issues that can arise in the course of investigating, negotiating, settling, or trying a case where coverage issues and bad faith claims arise.
Besides the rule that insurance contracts are strictly interpreted against an insurance company, there are also public policy implications in insurance coverage that can affect whether policy language will be enforced. Our attorneys keep up with these factors so that our clients can rely on our coverage opinions. While many coverage issues are resolved without a jury, there are times when fact issues that need to be decided. Our coverage counsel are also trial lawyers, which is not true everywhere. As a result, when a case requires a jury determination we bring those trial skills to the challenging process of explaining insurance coverage issues to a jury. We handle coverage issues in a variety of areas, including Property & Casualty (Auto and CGL), Defective Construction, Environmental, Professional Liability (E&O) and Directors and Officer’s (D&O) coverage. Our attorneys have analyzed coverage issues and litigated cases in the state and federal courts in Kentucky and Indiana, and have been involved in several cases which have shaped Kentucky law in the area of insurance coverage.
Not only do our coverage attorneys assist our regional and national clients on these issues, but their expertise on coverage and bad faith issues is an invaluable resource to the other attorneys in our firm. Often times, our insurance coverage attorneys are sought out for advice and counsel on issues that arise as our attorneys are handling other liability cases, and this expertise often allows us to avoid many coverage-related issues before they even arise. The skill and experience of our coverage attorneys greatly enhances the quality of services that our attorneys provide across the spectrum of our practice areas.