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Many people think of "car insurance" as something you either have or don't have. When a claim arises, these folks can be very surprised to learn that there are a multitude of issues outside of parties simply being insured or uninsured.This is because, at its essence, an insurance policy is a contract that has many different terms, provisions, and exclusions. So it is very important to understand exactly what is - and is not - covered under one's policy.As a recent case illustrates, it is also important to discuss your policy with your insurance agent regularly, especially if your household situation changes. Read More

Insurance companies have certain duties not only to their insureds but also to those who file legitimate claims against those who they insure.A company's failure to uphold these duties can result in a finding of liability under Kentucky's bad-faith laws, but the claimant has the burden of proving his or her case by a preponderance of the evidence. This is not always an easy task, since there those involved may not agree about who is at fault or the amount of damages to which the claimant is entitled. Read More

Lawsuits arising from 18-wheeler accidents can be very complex. One reason for this is that the tractor and trailer may be owned by or insured by different entities. This greatly complicates the path to recovery of a fair settlement or judgment for a person injured in a semi-truck wreck.In a recent case, a rather unique issue arose. The owner of a certain tractor-trailer requested liability insurance on both the tractor and the trailer, but the insurance agent accidentally left the tractor off of the list of the trucking company's vehicles when she sent the application to the insurance company. Read More

If you are suffering from non-Hodgkin lymphoma, a type of cancer, and you have been exposed to Roundup, you may need legal help.A recent scientific study labeled glyphosate, the main ingredient in Roundup, a class 2A carcinogen. Glyphosate may be linked to cases of non-Hodgkin lymphoma.Those who have this disease need to know that lawsuits are underway against Monsanto, the manufacturer of Roundup. If you have been exposed to Roundup, either as a consumer, a farmer or landscape worker, it is important to know your rights, and to act quickly. The statute of limitations, which restricts how long you have to file a lawsuit, may apply. It is important to begin research soon to see if you should be represented by counsel. Read More

In a pedestrian accident involving a motor vehicle, most people would assume that the pedestrian's medical expenses and other damages would be paid by the driver's insurance carrier. If for some reason that did not happen, most would assume the injured person's own uninsured motorist insurance would honor its contractual obligation and pay the medical claim.Unfortunately, those assumptions proved to be wrong in a case arising from an incident that occurred in 2012. Instead, the injured man had to file a lawsuit and take his case all the way to the state supreme court in order to obtain relief under uninsured motor vehicle provisions in his insurance. Read More

By Nathan Vinson, attorney English, Lucas, Priest and Owsley, LLPWhen a spouse, parent or child passes away, it’s incredibly difficult to handle. Beyond your own grief, planning the funeral and handling a thousand different tasks, you may receive calls or letters from creditors who try to convince you that you should pay the debt of the person who died.In one recent case, a widow received a collection letter from an agency that specializes in collecting debt for creditors of deceased people. The estate had been closed for about a year. She didn’t owe that debt, but the collection agency tried to convince her that she did.Collecting decedent debtsBy law, you don’t owe a debt for someone who died (unless, of course, you owed the debt jointly with the decedent or as a guarantor). Once the person passes away and the proper steps have been taken to handle the probate estate, the opportunity for a creditor to collect unsecured debt is gone.Credit agencies, especially the less reputable ones, may use all manner of intimidation and even threats to get people to pay debts. These calls can be troubling and confusing for people, especially those who are older or who don’t know the law. It’s important to understand how debt is collected to protect yourself and the people you love. Read More

Attorney Kyle Roby Attorney and partner Kyle Roby recently settled a truck accident case for $850,000 on behalf of a Kentucky client. We have posted about this case on our main firm web site, and are sharing with our audience here as well. Here is a summary of the case. Read More

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLPPhotograph 047 by Lauren Mancke found on minimography.comEach year, the IRS sets dollar amounts for specific types of exemptions. Usually, these don’t change much - $100 here, $50 here, etc. You’ll need these numbers as you do your taxes this year.The personal exemption amount for 2016 taxes is $6,300 for an individual or for a married couple filing separately (so that’s per person). As you’d expect, married filing jointly is twice that at $12,600. Head of households can claim $9,300, and surviving spouse $12,600. For anyone who takes the standard deduction and doesn’t itemize, that is the amount you’ll claim.However, the exemption is subject to a phase-out that begins with adjusted gross incomes of $259,400 ($311,300 for married couples filing jointly). It phases out completely at $381,900 ($433,800 for married couples filing jointly.)Forbes published an extensive piece that goes into more detail, including tax tables, which you can read here. Read More

Since there are so many variables and complexities involved in a motor vehicle accident case, it is always best for those who are injured in car crashes to consult with an attorney as early in the process as possible. Issues such as the statute of limitations, notice requirements, and other matters concerning timeliness must be dealt with promptly.The courts do not favor those who don't exercise their rights to sue in a timely manner. Recently, a Tennessee appellate court was called upon to decide whether an insurance company (which stood in for its insured, to which it had paid damages arising from a motor vehicle accident) had forfeited its right to recover from the responsible party because it failed to file their case after the defendant appealed a verdict for the plaintiff to circuit court. Read More

There is no question that some dogs are more dangerous than others, or that almost any dog is capable of an attack under the right circumstances. What responsibility should the owner of a dog with dangerous propensities - or the owner of any dog, for that matter - have toward the general public?A Kentucky appellate court addressed this issue recently in a case in which a woman was severely injured by a pack of dogs during a hunting trip. Read More