UPDATE: In September 2016, the Kentucky Court of Appeals held that PIP insurers cannot deny such benefits based solely on independent medical reviews. In Houchens v. GEICO (2014-CA-002017), the Court of Appeals reversed a summary judgment in favor of GEICO, which had used “paper reviews” from retained physicians to terminate no-fault benefits for two claimants. It reasoned that Kentucky…
Read articleIn February 2017, Mike Maloney and Blake Edwards obtained Summary Judgment in Jefferson Circuit Court on behalf of an insurance company that was sued for underinsured motorist benefits. The Plaintiff was a passenger in a single motor vehicle accident that occurred in Louisville, Kentucky. At the time of the accident, the Plaintiff resided with her…
Read articleStephen Keller is the author of an article entitled “Overcoming Special Obstacles in Non-Party Discovery” which has been published in the Fall-Winter 2016 edition of the Kentucky Defense Counsel’s Common Defense magazine. His article examines the Interstate Depositions and Discovery Act, the process for obtaining commissions from Kentucky state courts for out of state documents and…
Read articleRichard Schiller successfully argued recently that the athletic participants exclusion applied to exclude CGL coverage where the injured party was engaged in a practice session for a college sport when he died. The United States 6th Circuit Court of Appeals decided that a wrongful death claim involving a student athlete who died while participating in…
Read articleBarnes Maloney is pleased to announce that Blake Edwards has been invited to join the prestigious Claims and Litigation Management Alliance. The CLM is a nonpartisan alliance comprised of thousands of insurance companies, corporations, Corporate Counsel, Litigation and Risk Managers, claims professionals and attorneys. Through education and collaboration the organization’s goals are to create a…
Read articleIn June 2016, Mike Maloney and Blake Edwards obtained Summary Judgment in Jefferson Circuit Court on behalf of a snow removal company that was sued for negligently removing snow and ice from a parking lot that allegedly caused Plaintiff to slip and fall. Plaintiff argued that her untimely claims against the snow removal company related…
Read articleIn May 2016, Richard Schiller and Noel Halpin obtained a unanimous defense verdict on behalf of an orthopedic hand surgeon in Fayette Circuit Court. It was alleged that the surgeon was negligent in his performance of a tendon release surgery for a triggering left thumb, and in the follow-up care that was provided. The Plaintiff…
Read articleIn February 2016, Mike Maloney and Blake Edwards obtained Summary Judgment in United States District Court on behalf of a construction company that was sued following a construction site accident. The injured worker asserted negligence claims against a subcontractor who performed work on the construction project. The subcontractor, in turn, filed a third-party complaint against…
Read articleRichard Schiller and Terri Boroughs obtained a defense verdict on 11/3/2015 for a cardiothoracic surgeon accused of mismanaging post bypass surgery care that caused the patient to go blind. The Plaintiff argued that fluids, blood pressure, and hemoglobin values were allowed to drop to such levels that the patient’s optic nerve was unable to get…
Read articleRichard Schiller and Noel Halpin obtained a unanimous defense verdict for a National Retailer in a slip and fall case in Federal Court in Louisville on 10/1/2015. The Plaintiff claimed that the store was negligent for not noticing and cleaning up a brown sticky substance on the white tiled floor that caused the Plaintiff to…
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