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Mehr Fairbanks Trial Lawyers secures $15 million victory against Greenwich Insurance Co.
The case involved an Oil and gas operator who was insured with Greenwich Insurance Company. The company, J.D.Carty Resource, trespassed upon the land of Mehr’s clients and removed over $600,000 of natural gas. The insurance policy provided coverage for trespass. However, Greenwich closed the claim file and ignored the plaintiff’s insurance claim. The bad faith trial proceeded for two weeks in Salyersville Kentucky. The jury reached a verdict of 14.3 million in punitive damages and over 800,000 in compensatory damages. The jury verdict found 7 violations of Kentucky law by Greenwich insurance company including their failure to have any standards for claims adjusting.
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.
The case is Lahoma Salyer et al. v. JD Carty Resources et al., case number 07-CI-00006, in the Commonwealth of Kentucky, Magoffin Circuit Court.
$4,394,681 judgment in Kenton County against The Medical Protective Company (2009)
$2,634,175 judgment in Bell County against Kentucky National Insurance Company (2011)
$1,784,836 judgment in Pike County against Home Insurance Company of Indiana (1998)
$1,030,000 judgment in Lincoln County against Kentucky Farm Bureau Mutual Insurance Company (2000)
$950,833 judgment in Taylor County against Hamilton Mutual Insurance Company (2006)
$455,000 judgment in Fayette County against Standard Life Insurance Company & Investors Life Insurance Company of North America (1999)
$400,000 - Slip & Fall Accident (2017): Bartley successfully settled a trip-and-fall over 5/8” transition strip between rooms in a historic hotel for $400,000.
$290,842 judgment in Knox County against Hamilton Mutual Insurance Company (2004)
$213,000 - Motor Vehicle Accident (2018): Bartley successfully settled a motor vehicle accident for $213,000. The insurer previously offered less than half that amount before suit.
$210,000 - Motor Vehicle Accident (2021): Recovered for individual involved in motor vehicle collision caused by driver who ran a stop sign while towing a trailer. Insurance company argued there was less insurance coverage than the court ruled was available.
$200,000 - Motor Vehicle Accident & Underinsured Motorist Claim (2020): Bartley recovered the policy limits from the at-fault driver and the client's UIM carrier.
$150,000 - Life Insurance Claim Denial Reversal (2019): Bartley successfully argued for the reversal of a life insurance claim denial, and the insurance company paid $150,000 to the decedent’s widow, child and mother.
$136,000 - Motor Vehicle Accident (2021): Bartley settled a case for a client who had been offered less than $7,500 by the insurance company
$115,000 - Dog Bite Case (2019)
$100,000 - Slip & Fall Accident (2020): Bartley resolved a case for a client who slipped and fell on ice in a parking lot.
$100,000 - Motor Vehicle Accident (2017): Bartley successfully settled an MVA for $100,000 policy limits after the insurer offered $1,000 before suit.
$90,000 - Car Accident (2019): Bartley settled a car accident case for $90,000. The insurer had initially only offered $2,500 before suit.
$50,000 judgment in Whitley County against Tennessee Farmers Insurance (2007)
$20,000 judgment in Hardin County against Kentucky National Insurance Company (2004)
Annuity Claim (2021): Bartley helped a client recover wrongfully withheld annuity payments from the insurance company dating back years.
Motor Vehicle Accident (2018): Bartley successfully tried a property damage MVA case to jury verdict and won on liability.
Case reinstated by Ky Supreme court finding Zurich Insurance on a Commercial policy acted recklessly on claim handling. (2021)
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).
Withers v. United of Omaha Life Insurance Company, 2021 U.S. Dist. LEXIS 51639 (W.D. Ky. Mar. 19, 2021)
Asher v. Reliance Standard Life Ins. Co., 2019 U.S. Dist. LEXIS 188265 (E.D. Ky. June 12, 2019)
Aliff v. Prudential Ins. Co. of Am., 2019 U.S. Dist. LEXIS 150426 (E.D. Ky. Sep. 4, 2019)
Univ. of Ky. v. Davis, 551 S.W.3d 443 (Ky. Ct. App. 2017)
Bituminous Cas. Corp. v. Estate of Bramble, 2014 Ky. App. LEXIS 28 (Ky. Ct. App. 2014)
Gale v. Liberty Bell Agency, 539 Fed. Appx. 688 (6th Cir. 2013) (summary judgment for the defendant was affirmed)
Riley v. Ohio Cas. Ins. Co., 855 F. Supp. 2d 662 (W.D.Ky. 2012)
Ryan v. Discover Prop. & Cas., Ins. Co., 2012 U.S. Dist. LEXIS 115701 (W.D.Ky. 2012) (defendant’s motion for summary judgment granted in part and denied in part)
Powell v. Cherokee Ins. Co., 476 Fed. Appx. 77 (6th Cir. 2012)
PAL Oil, LLC v. United Am. Energy, LLC, 2012 Ky. App. Unpub. LEXIS 794 (Ky. Ct. App. 2012)
Pemberton v. Reliance Std. Life Ins. Co., 2011 U.S. Dist. LEXIS 24939 (E.D.Ky. 2011)
Oakes v. Allstate Ins. Co., 2008 U.S. Dist. LEXIS 7417 (W.D.Ky. 2008)
Oakes v. Countryway Ins. Co., 2008 U.S. Dist. LEXIS 41274 (W.D.Ky. 2008)
Hamilton Mut. Ins. Co. v. Barnett, 2008 Ky. App. Unpub. LEXIS 71 (Ky. Ct. App. 2008)
Tenn. Farmers Mut. Ins. Co. v. Jones, 2008 Ky. App. Unpub. LEXIS 19 (Ky. Ct. App. 2008)
Geiger v. Westfield Nat’l Ins. Co., 2008-Ohio-6904 (Ohio Ct. App. 2008)
Hamilton Mut. Ins. Co. v. Buttery, 220 S.W.3d 287 (Ky. Ct. App. 2007)
Phelps v. UNUM Provident Corp., 2006 U.S. Dist. LEXIS 71020 (W.D.Ky. 2006) (summary judgment granted to plaintiff on the contract claim and the bad faith claims dismissed) (upheld by the 6th Circuit in Phelps v. UNUM Provident Corp., 245 Fed. Appx. 482 (6th Cir. 2007))
Knotts v. Zurich Ins. Co., 197 S.W.3d 512 (Ky. 2006) (amicus brief)
Hamilton Mut. Ins. Co. v. George, 2006 Ky. Unpub. LEXIS 7 (Ky. 2006) (affirmed discovery items upheld in Grange)
Hall v. MLS Nat’l Med. Evaluations, Inc., 2006 U.S. Dist. LEXIS 57965 (E.D.Ky. 2006) (defendant’s summary judgment motion denied in part and granted in part. Summary judgment was denied regarding Plaintiff’s Bad Faith claim) (defendant’s second summary judgment motion on a different issue was also denied in Hall v. MLS Nat’l Med. Evaluations, Inc., 2006 U.S. Dist. LEXIS 72854)
Hartley v. GEICO Cas. Co., 2006 WL 2786929 (Ky. Ct. App. 2006) (bad faith claim dismissed)
Shepherd v. UNUMProvident Corp., 381 F. Supp. 2d 608 (E.D.Ky. 2005)
Ky. Farm Bureau Mut. Ins. Co. v. Rodgers, 179 S.W.3d 815 (Ky. 2005)
Wright v. Allstate Ins. Co., 2004 U.S. Dist. LEXIS 32049 (E.D.Ky. 2004)
Grange Mut. Ins. Co. v. Trude, 151 S.W.3d 803 (Ky. 2004)
Cobb King v. Liberty Mut. Ins. Co., 54 Fed. Appx. 833 (6th Cir. 2003)
Guaranty Nat’l Ins. Co. v. George, 953 S.W.2d 946, 947 (Ky. 1997)
O’Bryan v. Consol Energy, Inc., 477 Fed. Appx. 306 (6th Cir. 2012) (Plaintiff’s motions to alter to remand and t reverse judgment in favor of defendants on his claim for additional salary continuance benefits was denied).
Oliver v. Sun Life Fin. Distribs., 2010 Ky. App. Unpub. LEXIS 298 (Ky. Ct. App. 2010) (court found Plaintiff was not entitled to benefits).
Tinsley v. Conn. Gen. Life Ins. Co., 744 F. Supp. 2d 637 (W.D. Ky.2010).
Bailey v. Minn. Life Ins. Co., 2009 U.S. Dist. LEXIS 24666 (E.D.Ky. 2009).
Roubal v. Prudential Ins. Co. of Am., 2009 U.S. Dist. LEXIS 33081 (W.D.Ky. 2009)(attorney’s fees, costs, and prejudgment interest awarded in Roubal v. Prudential Ins. Co. of Am., 2009 U.S. Dist. LEXIS 72330 (W.D.Ky. 2009)).
Pemberton v. Reliance Std. Life Ins. Co., 2008 U.S. Dist. LEXIS 47394 (E.D.Ky. 2008) (also a bad faith case).
Perrin v. Hartford Life Ins. Co., 2008 U.S. Dist. LEXIS 53065 (E.D.Ky. 2008) (also a bad faith case).
Hays v. Provident Life & Accident Ins. Co., 623 F. Supp. 2d 840 (E.D.Ky. 2008) (Plaintiff’s motion for discovery was granted).
Perrin v. Hartford Life Ins. Co., 616 F. Supp. 2d 652 (E.D.Ky. 2007).
Fleetwood Enters. v. Taylor, 2007 U.S. Dist. LEXIS 74802 (W.D.Ky. 2007).
Queen v. Dobson Power Line Const. Co., 414 F. Supp. 2d 676 (E.D.Ky. 2006) (the court found ERISA inapplicable and remanded the case to state court).
Brooking v. Hartford Life & Accident Ins. Co., 167 Fed. Appx. 544 (6th Cir. 2006).
Oliver v. Sun Life Assur. Co., 417 F. Supp. 2d 865 (W.D.Ky. 2005) (Employer argued ERISA applied but employee’s argument that ERISA was inapplicable was upheld).
Adkins v. Life Ins. Co. of N. Am., 2005 U.S. Dist. LEXIS 28229 (E.D.Ky. 2005) (bad faith and UCSPA claims dismissed; ERISA applied).
*Disclaimer: All judgment amounts listed above were entered by the listed Circuit Courts in the State of Kentucky. However, the amounts do not necessarily reflect a final amount that was received by the Plaintiff(s) in each respective case. The judgment amounts may have (1) increased after attorney’s fees and interest were calculated, (2) decreased following a post-judgment settlement, or (3) altered or vacated following an appeal. The above-mentioned judgment amounts do not constitute a promise for potential case judgements. The judgment amounts are meant only as a sampling of judgments that have been entered in cases involving Mehr Fairbanks Trial Lawyers. Judgment results vary from case to case.