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Insurance

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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

Auto Insurance Stacking Precedent

Consol. Ins. Co. v. Slone, 538 S.W.3d 922, 925 (Ky. Ct. App. 2018).  Chadler established insurance stacking precedent preventing further escalation of auto insurance premiums for fleet policies.  Chadler successfully defended an insurance company at the Kentucky Court of Appeals on an issue of first impression in Kentucky: whether underinsured motorist benefits under a fleet policy were stackable by student occupants of a county school bus involved in a motor vehicle accident.  Upon prevailing on appeal, the client’s coverage liability exposure was reduced by $31.5 million.  

 

Insurance Companies Company Rehabilitation: Contested Settlement Agreement

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

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.

Related Practices: Business Litigation, Appellate

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).

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

Publications