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Mehr Fairbanks wins at the Kentucky Supreme Court! The Kentucky Supreme Court has affirmed the Court of Appeals’ ruling in favor of Mehr Fairbanks’ client, the Greenville Cumberland Presbyterian Church. In 2019, the roof of the church collapsed. The church hired an engineer and attempted to brace the ceiling and roof structure as it slid down the walls of the church, bowing the walls outwards. Ultimately, the damage was too severe to save the church, and the church had to be demolished. When the church submitted an insurance claim to its insurance company, State Auto Property & Casualty Insurance Company, State Auto denied the claim, arguing that the roof had not actually collapsed. State Auto prevailed at the trial court, but the Court of Appeals unanimously reversed and ruled in favor of the church, finding that a collapse had indeed occurred. Kentucky’s highest court then granted discretionary review and has now affirmed the Court of Appeals’ ruling, finding that the church sustained a collapse which was covered by the State Auto insurance policy. You can read the full opinion here!

 

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Mehr Fairbanks Trial Lawyers obtained a settlement in excess of $850,000 in a bad faith case against an insurer!

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Call us today at (859) 225-3731 or visit us here to request a free consultation with one of Mehr Fairbanks’ attorneys.

 

*The information contained within this post should not be considered legal advice or legal representation.

Congratulations to Mehr Fairbanks’ Partner, Elizabeth Thornsbury, on being selected to the 2024 Kentucky Rising Stars List by Super Lawyers!

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Elizabeth is listed as a top rated Employee Benefits attorney in Lexington, Kentucky. Selections are determined on 12 indicators of peer recognition and professional achievement on an annual, state-by-state basis. Being named to the Rising Stars list is a prestigious distinction that only the top 2.5% of attorneys receive.

 

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On June 15, 2023, Mehr Fairbanks obtained a favorable opinion from the Kentucky Supreme Court related to a more than $15 million trial verdict in Magoffin County that Mehr Fairbanks obtained for its clients in October 2018. Following the jury’s verdict, the case was appealed by the insurance company. With the most recent decision, the Kentucky Supreme Court reversed a decision on appeal by the Kentucky Court of Appeals. The Supreme Court held that Kentucky case law “should not be construed as requiring a final judicial determination of coverage prior to filing a third-party tort claim against an insurer.” Importantly, the Court held that “the longstanding requirements of Wittmer v. Jones” continues to apply in insurance bad faith claims. 

 

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Call us today at (859) 225-3731 or visit us here to request a free consultation with one of Mehr Fairbanks’ attorneys.

 

 

*The information contained within this post should not be considered legal advice or legal representation.

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On April 21st, the Kentucky Court of Appeals issued a unanimous opinion in favor of Mehr Fairbanks Trial Lawyers’ client, the Greenville Cumberland Presbyterian Church. The Court of Appeals opinion reverses and remands the Muhlenberg Circuit Court’s decision to enter summary judgment in favor of State Auto Property & Casualty Company. State Auto had issued an insurance policy to the church but when the church roof collapsed, State Auto denied the claim. The Court of Appeals ruled that there was in fact insurance coverage for the church’s loss under the State Auto policy.

Mehr Fairbanks partner Bartley Hagerman wrote the briefs and argued the case before the Court of Appeals.

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Mehr Fairbanks’ Partner, Elizabeth A. Thornsbury, has been nominated and accepted as a Member of the 2023 Lawyers of Distinction! Lawyers of Distinction Members are selected based upon a review and vetting process by a Selection Committee using factors to recognize the nominee’s achievements and peer recognition.

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Mehr Fairbanks Trial Lawyers has been selected as one of the Best Litigation Attorneys in Lexington for 2022 by Expertise.com!

Expertise.com finds and reviews the top service professionals in over 200 industries across the U.S. According to their website, they research more than 60,000 businesses to help customers find the best-qualified professional for their needs.

Call our firm today for a free consultation!

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