Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 04-17-2023
Case Style:
Case Number: 3:22-CV-129
Judge: Claria Horn Boom
Court: United States District Court for the Western District of Kentucky (Jefferson County)
Plaintiff's Attorney:
Defendant's Attorney: Steven C. Call
Description: Louisville, Kentucky insurance law lawyer represented Plaintiff who sued Defendants on bad faith breach of insurance contract theories.
In Kentucky, an insurance company can be held liable for bad faith breach of contract if it fails to act in good faith and fair dealing in handling a claim. This means that the insurance company must investigate the claim promptly and thoroughly, and it must make a reasonable effort to settle the claim within a reasonable time.
If the insurance company fails to do these things, it may be liable for damages, including the insured's actual losses, as well as punitive damages. Punitive damages are designed to punish the insurance company for its bad faith conduct.
To prove bad faith breach of contract, the insured must show that:
The insurance company had a duty to act in good faith and fair dealing.
The insurance company breached that duty.
The insured suffered damages as a result of the breach.
The insured's damages may include:
The cost of repairing or replacing damaged property.
Medical expenses.
Lost wages.
Pain and suffering.
Punitive damages.
If you believe that your insurance company has acted in bad faith, you should contact an experienced attorney. An attorney can help you understand your rights and can help you file a lawsuit against the insurance company.
Here are some examples of bad faith insurance practices:
Denying a claim without a reasonable basis.
Delaying the investigation of a claim.
Failing to communicate with the insured about the status of a claim.
Offering a settlement that is far below the value of the claim.
Attempting to settle a claim without the insured's consent.
Engaging in deceptive or misleading practices.
If you have experienced any of these bad faith insurance practices, you should contact an attorney to discuss your legal options.
Outcome: 04/17/2023 24 ORDER OF DISMISSAL OF DEFENDANT MILIBANK INSURANCE COMPANY WITHOUT PREJUDICE by Judge Claria Horn Boom on 4/17/23: Plaintiff Stanley Wilson's claims in this action against Defendant Milibank Insurance Company (Milibank) are DISMISSED WITHOUT PREJUDICE. Plaintiff and Milibank SHALL tender a stipulation of dismissal, signed by all parties who have appeared and dismissing Plaintiff's claims against Milibank, with prejudice, within forty-five (45) days from the date of entry of this Order. If the settlement is not consummated and the stipulation of dismissal is not filed within forty-five (45) days from the date of entry of this Order, the Court will entertain a motion to return Milibank as a pending Defendant in this action upon application to this Court. All dates and deadlines are hereby VACATED, and this matter is STRICKEN from the Court's active docket.cc: Counsel (DJT) (Entered: 04/17/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: