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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

10.04.2016

A new rule from the IRS on IRA rollovers

By Nathan Vinson The IRS recently enacted a new IRA rollover rule that’s actually good for consumers, and something that can really help you – but it is a lot more complicated than it appears on the surface. Essentially, the IRS is now giving you a year to roll your old retirement account into a new account or IRA, but only if you’ve faced difficult circumstances that delayed you from making the transaction. In the past, once you leave a job, you may have received a check for the balance of the funds in your 401(k) (or 403(b) or 457 plan, which are used by non-profits and government agencies, respectively). Once the check is in the mail, you’ve traditionally had 60 days to roll that money into an IRA or other qualifying retirement account. The administrator of the retirement plan is required to withhold taxes plus a penalty from your check, and will report that to the IRS. You won’t see the withheld money again, unless you roll over the funds within that 60-day time period. The basic concept is that Uncle Sam wants you saving for retirement, and penalizes you if you don’t keep up with it. Plus, 401(k) money goes into the account pre-tax, so it’s their chance to tax the money – and as we all know, the government never misses a chance to grab some dollars. Read More

09.25.2016

Kentucky Court rules in favor of landowner in fall on ice lawsuit

Each year, thousands of people are injured in fall accidents. According to statistics maintained by the Center for Disease Control, a significant percentage of these accidents result in serious injury or even death. The case we are examining in this blog post was a fall on ice. In situations in which a person falls on someone else's property and is injured, he or she may be able to bring a premises liability lawsuit against the owner of the property, if the landowner's negligence contributed to the accident. If successful, the plaintiff in such a lawsuit may be able to recover medical expenses, lost wages, compensation for pain and suffering, and other damages. Read More

09.20.2016

Tennessee Court rules that plaintiff in car accident lawsuit cannot rely on Servicemembers Civil Relief Act to toll time

If you follow this blog regularly, you have probably read several posts regarding situations in which a car accident lawsuit or other type of complaint was dismissed due to the plaintiff's failure to file a claim within the statute of limitations. It is a common problem, and one of the reasons we emphasize contacting an attorney as soon as possible when you have been injured. Filing a timely claim in a court of competent jurisdiction is only the first step in the process of filing a lawsuit. The complaint also has to be served upon the defendant according to the applicable rules of civil procedure. Read More

08.30.2016

Kentucky Court holds that case qualifies for Underinsured Motorist Coverage

It is always a good idea to carry uninsured/underinsured motorist coverage insurance, but settling a UM/UIM claim can be more complicated than it might initially seem. This is true even when the claimant is the insured person, but settlements can be even more difficult when a person other than the insured is seeking to recover UM/UIM benefits. The Kentucky Court of Appeals was recently presented with a rather unusual UIM case filed by the friend of the insured under a policy issued by State Farm. Read More

08.25.2016

Kentucky Court must decide which uninsured motorist coverage applies

Everyone would agree that being seriously injured in a motor vehicle accident and having no insurance for damages, such as medical expenses, lost wages, and pain and suffering, is a bad thing. Uninsured motorist insurance can be very beneficial in such situations. However, you may be surprised to learn is that simply having uninsured motorist coverage does not ensure a quick and easy payout of benefits to the injured party. To the contrary, as the circumstances presented in the recent case of Countryway Insurance Company v. United Financial Casualty Insurance Company illustrate, an injured person sometimes has to battle for the benefits to which he or she is entitled. Read More

08.23.2016

Athletes’ medals come with a tax bill

By Nathan Vinson, attorney English, Lucas, Priest and Owsley, LLP An interesting question popped up in social media during the 2016 Summer Olympics: will U.S. athletes taking home a medal be taxed on the value of it – particularly those who win the gold? News accounts have confirmed that yes, U.S. medal-winning athletes will be taxed, but not on the value of the medal itself. It’s the cash prize that comes with each medal that is taxed. Swimmer Michael Phelps, who has broken all kinds of records this year, may owe the government $55,000 in taxes for the cash prizes that go along with his five gold medals and one silver medal, reports USA Today. Each gold medal is accompanied by a check for $25,000, while each silver earns $15,000 and each bronze $10,000. If Phelps is taxed at the highest income tax rate of 39.6 percent, he would owe around $55,000, the newspaper reports. I checked the math, and yes, that’s about right. Ouch. Read More