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PHELPS v. STATE FARM MUT. AUTO. INS. CO.

No. 10-6085.

736 F.3d 697 (2012)

Cynthia PHELPS, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

June 13, 2012.

Attorney(s) appearing for the Case

ON BRIEF: Sara B. Gregory , Lance W. Turner , Thomas E. Carroll , Carroll & Turner, P.S.C., Monticello, Kentucky, for Appellant. David T. Klapheke , Boehl Stopher & Graves, LLP, Louisville, Kentucky, for Appellee.

BATCHELDER, C.J. (pp. 15-19), delivered a separate dissenting opinion.

AMENDED OPINION

RONALD LEE GILMAN, Circuit Judge.

Cynthia Phelps alleges that State Farm Mutual Automobile Insurance Company violated Kentucky's Unfair Claims Settlement Practices Act (UCSPA) in its processing of her third-party insurance claim. The district court granted summary judgment in favor of State Farm on the ground that Phelps had failed to present sufficient evidence to show that the three years taken to settle her claim raised a genuine dispute...

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