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Wiley Rein LLP | USA | 20 Jul 2011

No insurer bad faith for delay of claim payment due to uncertain Medicare secondary payer obligations, says Kentucky court

The United States District Court for the Western District of Kentucky, applying Kentucky law, has held that an insurer did not act in bad faith by delaying payment of policy limits until it determined the exact amount of what the court termed "a known Medicare lien."


Frost Brown Todd LLC | USA | 17 May 2011

Navigating the perils of Kentucky’s mechanic’s lien statute

“Mechanic’s liens,” or more appropriately “construction liens,” are an entirely American concept, tracing back to Thomas Jefferson and James Madison’s plan for encouraging the financing of construction to support the newly-created District of Columbia


Frost Brown Todd LLC | USA | 20 Apr 2010

Must a bank forgo its right of deficiency if it refuses to release its obligors who want to pursue a short sale during a foreclosure action? No

It is fairly well-settled that a bank who breaches the implied duty of good faith and fair dealing may be barred from collecting its deficiency judgment in a foreclosure action.


Squire Patton Boggs | USA | 21 Dec 2009

State peer review protection may not apply to malpractice actions brought in other states

On November 25, 2009 the Supreme Court of Kentucky, in Saleba v. Schrand, found that Kentucky peer review law applies in a malpractice action properly brought in the state, even when the physician is an Ohio physician working at an Ohio hospital and the peer review takes place in Ohio.


Locke Lord LLP | USA | 31 Oct 2008

Whether insured made a material misrepresentation by signing policy application was a question of fact

The Kentucky Court of Appeals recently reversed a trial court decision granting summary judgment to an insurer, finding that the question whether the insured misrepresented his criminal history by signing an application completed by an agent was a disputed question of fact.

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