270.781.6500

Blog

12.01.2016

Owned-but-not-scheduled-for-coverage insurance exclusions permissible in Kentucky

How much do you know about your insurance coverage? For instance, if you have two cars insured under separate uninsured/underinsured motorist policies, do you assume that you are covered under both policies for an accident in either vehicle? Or do you know that there may be an insurance exclusion that applies? This issue was the subject of a recent Kentucky Supreme Court case in which the justices strongly disagreed about whether an "average American" could understand certain exclusions in two insurance policies issued to a man who was later hurt by an underinsured driver. Read More

11.29.2016

Company that brokered shipment through freight company not vicariously liable for 18 wheeler accident

When it comes to claims arising from an 18-wheeler accident, an injured person is often wise to "cast a large net" and name as many defendants as possible. This is because insurance coverage issues and policy limits can restrict the ultimate recovery from a particular defendant, but, if several defendants are named, it is more likely that the plaintiff will be fully compensated for his or her medical expenses, lost wages, and pain and suffering. Of course, the defendants named in a tractor-trailer wreck case may have a viable defense, and they have a right to seek the dismissal of the case against them on procedural grounds. In such cases, it is up to the courts to decide who stays and who goes. Read More

11.22.2016

Business owners need a solid succession plan for the future

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley Owning a business is the American dream for many. It’s building something from your own hands that you’ve shaped and created. It’s long hours, and a labor of love – but in the end – it’s yours. And that’s a fantastic feeling if you’ve got an entrepreneurial streak. But that feeling of ownership is what keeps a lot of business owners from planning for the future. It’s hard to envision a time when your business will go on without you. Your failure to plan for that inevitability is your biggest vulnerability as an entrepreneur, and can rob you of the equity you’ve built over the years of business ownership. The best succession plan is one that you make before you need it. It’s on the shelf, ready to go, should something happen to you or other key business owners or managers. It is also a living plan, though, that you should review at least annually and update as needed, just as you would with any other estate documents such as a will or trust. Even if you don’t see yourself ever leaving your business, creating a plan is a good exercise in thinking about the strategy and purpose of your business, your role in it and the importance of having key people to help you execute your vision. You may find this article from the Small Business Administration on how to exit your business helpful. Read More

11.15.2016

Court finds that parents of deceased plaintiff could substitute in Tennessee motor vehicle collision case

Some of the first concepts that law students are taught involve identifying the potential parties to a lawsuit and the appropriate court to file their claim. For instance, in order to seek relief in a court of law, a potential plaintiff must have standing. This means that the party has a sufficient connection to the issue to support that person's participation in the legal proceedings at issue. It's a simple enough idea. But what happens when a plaintiff dies before the matter is resolved? Tennessee Rules of Civil Procedure 25.01 states that, unless the claim is extinguished by the plaintiff's death, another interested party (such as the successor or representative of the plaintiff) may file a motion to be substituted as the plaintiff. A Tennessee appellate court recently had an occasion to review a trial court's decision regarding this issue in a motor vehicle collision case. Read More

11.02.2016

Talcum powder case brings $70 million verdict against Johnson and Johnson

By Jessica Surber, attorney English, Lucas, Priest and Owsley, LLP A Missouri jury found in favor of a woman who developed ovarian cancer after long-term use of talcum powder in her genital area, awarding her $70 million in damages in late October. This is the third large verdict against Johnson and Johnson in 2016, with two other juries handing out $55 million and $72 million verdicts to women or their families who were affected by ovarian cancer after the women’s long-term use of talcum powder products. Johnson and Johnson is the maker of Johnson’s Baby Powder and Shower to Shower, both products containing talc that have been used by women in the genital area for decades. The public recently learned that Johnson and Johnson and other companies knew of this product’s link to ovarian cancer, but continued to market the product as safe for such use. Read More

11.01.2016

Adoption month highlights need for adoptive families

Adoption month highlights need for adoptive families Read More

10.28.2016

GEICO’s “paper review” of basic insurance benefits may run afoul of Kentucky law

 In Kentucky, basic reparations benefits (BRB) are typically available without regard to fault in an automobile accident case, up to the insured's policy limits for such benefits. Recently, the state's appellate court was called upon to review the procedures of a particular insurance company that had made it a practice to terminate such benefits based solely on "paper reviews" of its insured's medical records. Read More

10.20.2016

What to do if you don’t agree with your property tax amount

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP Everyone who owns a home gets a bill from their local municipality for property taxes. It’s not a surprise that it’s coming. Most of us sigh, write the check (or let your mortgage holder do it) and move on, wondering what that money really does, anyway. (Short answer: it funds governments and schools.) But every now and then, you get a property tax bill that makes you do a double-take because it is larger than you expected. There are a few reasons this can happen. Your local government entity increased its tax rate. Your property was recently re-assessed, and the value has increased. A new tax referendum passed, increasing your rate. Someone made a mistake. You don’t have to accept the tax bill you’re sent if you truly believe the tax rate or assessment is wrong. You can protest – and I’ll walk you through how to do that. Read More

10.19.2016

Tennessee Court holds that plaintiff’s bus injury case fails due to lack of evidence

Pursuant to the Tennessee Governmental Tort Liability Act, certain governmental entities can be held liable for damages resulting from their negligence. In this bus injury case, the plaintiff won the first round, but a higher court overturned the ruling. In order to succeed in such a negligence case, the plaintiff must show that the defendant owed a duty of care to the plaintiff, that the defendant engaged in conduct that amounted to a breach of that duty, that the plaintiff sustained an injury or loss, and that there was causation (both causation in fact and proximate or legal causation). If any of these elements fails, so does the plaintiff's cause of action. Read More

10.06.2016

Kentucky Court says executrix can’t collect both uninsured motorist and liability insurance coverage

When a person is involved in a motor vehicle accident, he or she typically expects there to be a dispute about who was at fault or how much the claim is worth. What most people do not expect, however, is that a "routine" car accident case can quickly escalate into a battle with one's own insurance company. A recent case decided by Kentucky's intermediate court of appeals illustrates the difficulties that can arise when an insured's expectations as to what is provided under a policy do not line up with the language of the actual document. The case came down to what type of insurance would be paying the claim: uninsured motorist or liability insurance coverage. Read More