Kentucky ERISA Disability & Life Insurance Claim Lawyers
Austin Mehr poses with his “Distinguished CLE Speaker” plaque following his presentation at the Perry County Bar Association meeting on March 4, 2020.
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Mehr to Give CLE Presentation in Hazard
On Wednesday, March 3, 2020, Austin Mehr will be at Perry County City Hall (700 Main Street, Hazard, Kentucky 41701) to give a presentation on insurance bad faith litigation. The presentation will be worth one (1) hour of CLE credit.
Can a Homeowners Insurance Company Deny My Claim or Cancel My Policy?
When a homeowners insurance company wrongfully denies or unreasonably delays payment of a valid homeowners insurance claim, it is called acting in “bad faith.” Your homeowners insurance policy is a contract between you and the insurance company. That contract creates a special relationship between you and your homeowners insurance company that requires them to act in good faith in their dealings with you. When they play games with your valid homeowners insurance property damage claim, they are acting in bad faith.
If your homeowners insurance company has recently denied your homeowners insurance claim or cancelled your policy, below are some answers as to why and how our homeowners insurance lawyers can help.
- What is covered by a homeowner’s policy? What is and is not covered by a homeowner’s policy depends on the terms of the policy itself. Generally, the policy will cover certain “perils” such as fire or storm damage and will pay for the “losses” associated with those perils, such as the cost of making repairs. Most policies cover the actual cost of the repairs unless the home is a total loss (the cost of repairs exceeds the value of the home). Some policies provide for payment on an “actual cash value” basis unless and until the repairs are actually made, at which time the policy provides for “replacement cost.”
Court Grants Client’s Summary Judgment in Homeowners Insurance Claim
Homeowners insurance companies sometimes raise unexpected reasons for the denial of a claim. In a case being handled by Mehr Fairbanks Trial Lawyers attorney Austin Mehr against Allstate, Allstate argued that since the insured’s son was the resident of the premise, not the insured herself, she had left the home vacant and, therefore, was not entitled to coverage for a fire loss. The court rejected this argument and granted Plaintiff’s Motion for Summary Judgment on Plaintiff’s Complaint for Declaration of Rights stating that:
“…the Court notes that the ‘where you reside clause’ as interpreted by Allstate is in direct conflict with another provision that allows Howard to vaca[te] and leave the premise for an unlimited time period.”
The Order explained:
Frequently Asked Questions (FAQs) on Accidents
The accident attorneys at Mehr Fairbanks Trial Lawyers frequently represent people who have been injured in accidents. Car wrecks, medical mishaps, and falls can frequently devastate a family. In those circumstances, the injured party has a right to sue the negligent person or company. The injured party can recover medical expenses, lost wages, damage to future earning capacity, and pain and suffering damages.
Below are some frequently asked questions regarding accidents. If you have further questions or you’ve recently been injured in an accident, contact one of our experienced personal injury attorneys for a free consultation today.
- What compensation can I receive if I’ve been in a car accident? If you are in a car accident caused by someone else, you could recover damages in the form of lost wages, out-of-pocket expenses, damage to your property, medical expenses, and pain and suffering. Even if the accident is your fault, you may have insurance coverage for the damages you sustain.
- What if I’m in a car accident without insurance? If someone without insurance causes an accident involving you, you could have a claim under your own insurance under uninsured motorist coverage, if you elected this coverage.
- Can I receive compensation if I’ve been in a motorcycle accident? If you are a motorcycle rider and are in an accident caused by someone else, you are entitled to damages just as if you were in a car. This can include lost wages, out-of-pocket expenses, damage to your property, medical expenses, and pain and suffering.
- What if I’m in a motorcycle accident without insurance? If someone without insurance causes an accident involving you, you could have a claim under your own insurance under uninsured motorist coverage, if you elected this coverage.
- Can I receive compensation if I’ve been in a truck accident? If you are in a truck accident caused by someone else, you could recover damages in the form of lost wages, out-of-pocket expenses, damage to your property, medical expenses, and pain and suffering. Even if the accident is your fault, you may have insurance coverage for the damages you sustain.
- What if I’m in a truck accident without insurance? If someone without insurance causes an accident involving you, you could have a claim under your own insurance under uninsured motorist coverage, if you elected this coverage.
- How does the criminal or traffic case relate to a personal injury claim or lawsuit? A criminal or traffic charge can impact a civil suit for personal injury. If the crime or traffic charge arises out of the same facts and circumstances which create civil liability, a conviction or guilty plea on such charges can be used against the offender in a civil proceeding. But, being found not guilty of criminal charges or traffic violations does not absolve the offender of liability for damages caused to another in a civil proceeding. They are different standards.
- Can I obtain the cell phone records of the driver? Cell phone records can typically be obtained by subpoena to the cell service provider. Those records are not confidential or protected from the subpoena powers of the court, and the records can be used against you.
- How can I prove the other driver was responsible? Lawyers skilled in personal injury actions arising from a motor vehicle incident use various tools and techniques to establish the liability of the driver causing the damages. These can rely on many sources of evidence including witness testimony, video camera footage, accident reconstruction, and expert witness testimony.
Austin Mehr Presents KY Law Update on December 3
Austin Mehr presented at the Kentucky Law Update here in Lexington, Kentucky, on December 3, 2019 about Federal Insurance Litigation. Please be sure to visit our blog again in the future for updates to see when Austin will be giving other presentations on related topics.
Notable Bad Faith Cases in Kentucky History (November 15-22)
The cases below, while all turning a year older this week, are still relied upon to defend insured members whose claims are handled unfairly by their insurance companies.
November 17, 1988
State Farm Mut. Auto. Ins. Co. v. Reeder, 763 S.W.2d 116 (Ky. 1988). Twenty-one years ago this month, the Kentucky Supreme Court dramatically leveled the playing field against insurance companies by their decision in this case. In this case, Reeder lived next door to the Hamptons, whose teenage son accidentally drove his car into the support for Reeder’s car port, which then collapsed. Reeder estimated the damages were $13,000, but Hampton’s insurance carrier, State Farm, refused to pay. Reeder, unsatisfied with State Farm’s offer, sued them to collect the full amount, for his attorneys’ fees and for punitive damages for violating the Unfair Claims Settlement Practices Act law.
Disability Claims for Maintenance Workers
Maintenance workers perform physically demanding and labor intensive jobs that require the ability to frequently lift heavy equipment, manually move equipment and tools, stand for long periods, bend/twist/kneel/stoop often throughout the day, climb ladders, use their hands for repairing or installing equipment or fixtures, and perform timely repairs.
According to the Dictionary of Occupational Titles, maintenance workers should be able to inspect machinery, dismantle and reassemble equipment, perform installation tasks, maintain records of maintenance, and use a variety of tools that could include hazardous equipment, handheld power tools, torches, and welding devices. It is important that maintenance workers have the ability to perform the duties safely. Some maintenance workers have additional supervisory responsibilities. The positions are typically classified as being at least “medium” in nature, requiring maintenance workers to exert 20 to 50 pounds occasionally.
In our experience, common medical conditions suffered by maintenance workers include conditions related to the physical exertion that is placed on their bodies, such as:
Disability Claims for Nurses
Nurses perform physically demanding jobs that require the ability to frequently lift heavy equipment, manually move patients, stand for long periods, bend/twist/kneel/stoop often throughout the day, provide assistance to doctors, and function quickly under demanding high-pressure situations.
According to the Dictionary of Occupational Titles, nurses are required to also perform administrative tasks, including maintaining records and checking vitals of patients. Some nurses have additional supervisory responsibilities. The positions are typically classified as being at least “medium” in nature, requiring nurses to exert 20 to 50 pounds occasionally.
In our experience, common medical conditions suffered by nurses include conditions related to the physical exertion that is placed on their bodies, such as:
Mehr Offers Bad Faith CLE Presentations Around the State
Austin Mehr will be traveling around the state to local bar association meetings to present on the topic of Bad Faith Insurance Litigation in the upcoming months. His presentations will be worth one CLE credit. Attendees will receive a packet with a completed KBA Form 3, an outline of Austin’s presentation and a handout about more of Austin’s work experience.
If you are interested in having Austin come and present at your county’s bar association meeting, please contact Katelynn Nolen at knolen@austinmehr.com or at 859-225-3731.