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Overview

When it comes to legal matters involving insurance companies, the possibilities, opportunities and risks are practically limitless.  Stoll Keenon Ogden is well-versed in nearly all types of insurance issues, and we represent policyholders and insurers alike.

Our work involves traditional first and third-party insurance defense, including personal, commercial and professional liability. We also routinely handle coverage disputes, defense of bad faith claims and a gamut of matters related to surety, bonding, and life and health insurance claims.

From complex, multi-party actions, to matters involving a single policy holder, SKO has a thorough understanding of the field, and when possible, we do as much as we can to avoid litigation and lengthy disputes. Our goal is to resolve matters as quickly, efficiently and cost-effectively as possible.

Some of our work includes matters involving:

  • Accounting malpractice
  • Aviation disasters
  • Bad faith litigation
  • Business torts
  • Chemical exposure
  • Clergy malpractice
  • Damage to business and business interruption
  • Defamation
  • Engineering and design failure
  • Engineering malpractice
  • Fraud
  • Highway and trucking accidents
  • Hospital and nursing home negligence
  • Industrial and occupational injury or disease
  • Industrial fires and explosions
  • Heavy equipment operation
  • Land and title disputes
  • Legal malpractice
  • Medical device litigation
  • Medical malpractice
  • Personal injury
  • Pharmaceutical liability
  • Premises liability
  • Product liability
  • Property damage
  • RICO violations
  • Toxic tort
  • Violations of safety standards
  • §1983 civil rights actions

Work Highlights

Wrongful Death: Domestic Violence

Estate of Amanda Ross v. Steven R. Nunn, Fayette Circuit Court, Civil Action No. 09-CI-05104. Obtained a judgment against Steven R. Nunn in the amount of $24,253,298.85 for the wrongful death of Amanda Ross. The trial team has pursued foreclosure of Nunn's real property, garnishment of his pension assets and garnishment of his prison commissary account in partial satisfaction of the judgment. The trial team also successfully defended the right of the Estate to garnish Nunn's pension funds despite a Kentucky statute that Nunn claimed provides a partial exemption for those assets.  See Stephen R. Nunn v. Diana M. Ross as Personal Representative of the Estate of Amanda Ross, 2015 Ky. App. Unpub. LEXIS 593 (Ky. App. 2015) (review denied Supreme Court Case No. 2015-SC-473 (February 10, 2016)).

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Commercial Trucking Accident

Collins v. Westfreight  Systems, Inc., No. 08-227, 2009 U.S. Dist. LEXIS 33141 (E.D. Ky. Apr. 17, 2009)

Successfully defended commercial trucking client against negligence claims arising out of a highway accident.  Case resulted in dismissal of lawsuit for improper service of process on foreign entity.

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Related Attorneys: Matthew R. Parsons

Premises and Promoter Liability

Brotherton v. Victory Sports, Inc., 24 F. Supp. 3d 617 (E.D. Ky. 2014)

Successfully defended motocross race promoter and venue owner against negligence claims relating to injury sustained during motocross racing event.  The case resulted in complete summary judgment in favor of SKO’s clients.

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Related Industries: Sports

Injunctive Relief, State Insurance Regulation

Obtained injunctive relief for major retailer of vision care products against major insurer of vision care for violation of state “any willing provider” law.  Dr. Mark Lynn & Assocs., PLLC v. Vision Service Plan Ins. Co., 2005 U.S. Dist. LEXIS 24820 (U.S.D.C. W.D. Ky. 2005).

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Related Attorneys: C. Kent Hatfield
Related Industries: Retail, Insurance

Statutory Civil Rights

Tallman v. Elizabethtown Police Dep't, 344 F.Supp.2d 992 (W.D. Ky. 2004), aff’d, 167 Fed. Appx. 459 (6th Cir. 2006). Successfully defended the Elizabethtown Police Department in a statutory civil rights claim arising from a fatal accidental shooting that occurred following a high speed chase. After the federal claims were disposed of, the state law claims were re-filed in the Hardin Circuit Court and favorable dispositive rulings were obtain from the trial court, the Kentucky Court of Appeals and the Kentucky Supreme Court.

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Related Attorneys: Lucy A. Ferguson

Insurance Bad Faith

Sazegari v. GEICO Gen. Ins. Co., 2008 U.S. Dist LEXIS 54822 (W.D. Ky. 2008), aff’d, No. 08-5990, 08-6015 (6th Cir. 2009). Represented GEICO in a bad faith lawsuit arising from a property damage claim. After years of litigation that began in state court, obtained summary judgment from the federal district court and successfully argued the merits of the case before the Sixth Circuit Court of Appeals in 2009, obtaining an oral ruling from the bench.

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Professional Negligence

Barbara A. Abel et al v. J. Brent Austin et al, 411 S.W.3d. 728 (Ky. 2013).  Successfully defended an attorney accused of misappropriation of client funds, obtaining summary judgment from the trial court which was then affirmed by the Kentucky Court of Appeals and the Kentucky Supreme Court in a published opinion.

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Premises Liability: Alleged Negligent Failure to Maintain Safe Business Premises

Obtained a Summary Judgment dismissal on behalf of a manufacturing client, based upon Kentucky’s “Up the Ladder” defense. Plaintiff truck driver, who had slipped and fallen, claimed that the premises were not appropriately maintained.
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Related Attorneys: Mark T. Hurst
Related Industries: Manufacturing

Product Liability, Explosion & Failure to Warn

Successfully represented a manufacturing client, whose factory was destroyed by an explosion caused by a vendor’s product. The seven-week trial resulted in $122 million verdict, the single largest award of compensatory damages by a jury in Kentucky history.
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Related Industries: Manufacturing

Wrongful Death: Shooting Over Boundary Line Dispute

In 2011, obtained a $3,760,003.50 judgment in a wrongful death claim arising from a fatal shooting over a boundary line dispute.
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Related Attorneys: Lucy A. Ferguson, Burl McCoy

Motor Vehicle Accident: Negligent Failure to Maintain Construction Site

Successfully represented an operator of motor vehicle, who suffered serious injuries in an accident caused by road construction crews’ failure to use proper signage. Matter settled prior to trial.
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Related Industries: Construction

Motor Vehicle Accident: Alleged Negligent Maintenance of Street Light

Obtained a unanimous defense jury verdict on behalf of a public utility. The plaintiff claimed that the utility failed to properly maintain street light, which caused a motor vehicle accident. This is first and only case of its kind to be tried to a jury in Kentucky, subsequent to decision by Kentucky Supreme Court allowing such causes of action.
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Breach of Contract

SKO represented an insurance company that was being sued in the U.S. District Court for the Western District of Kentucky by a paper products manufacturer for breach of an insurance contract. The manufacturer alleged that it had proven a covered loss under an employee theft policy and the insurer disagreed and denied many elements of the claim. At the trial court level, the manufacturer willfully violated multiple discovery orders and the court dismissed the manufacturer’s claims as a sanction. After the dismissal, the trial court denied the insurer’s motion for fees incurred litigating the dispute. The manufacturer appealed the trial court’s denial to the Sixth Circuit and the insurer cross-appealed the denial of fees. After briefing on the first appeal had concluded, the parties resolved all matters amicably. While the case did not result in an appellate decision, SKO was successful in preserving an important district court opinion levying a rare dismissal sanction for discovery misconduct.
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Related Industries: Manufacturing, Insurance
Related Practices: Business Litigation, Appellate

Product Liability: Negligent Design, Manufacture, and Maintenance of Heavy Equipment

Successfully represented the estate, widow, and children of a farm employee killed while operating heavy machinery. Matter settled for policy limits prior to filing suit.
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Related Attorneys: Mark T. Hurst
Related Industries: Manufacturing

Insurance Companies Company Rehabilitation: Contested Settlement Agreement

Successful bench trial, resulting in approval of contested $5 million settlement agreement regarding an insurance company rehabilitation.
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Related Industries: Insurance

Medical Malpractice: Alleged Surgical Negligence

Obtained unanimous defense verdict on behalf of OBGYN in medical malpractice action. Plaintiff claimed that the physician negligently lacerated her bladder while performing a hysterectomy.
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Related Attorneys: W. Gregory King

Industry Involvement

Academy of Hospital Industry Attorneys

American College of Trial Lawyers

American Health Lawyers Association

Health Enterprises Network

Kentucky Academy of Hospital Attorneys

Kentucky Association of Health Care Facilities

Kentucky Defense Council

Kentucky Hospital Association

Lexington Employee Benefits Council

Litigation Counsel of America

Professional Liability Defense Federation

News

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Events