HOLLAWAY v. DIRECT GEN. INS. CO.

2014-SC-000758-DG.

497 S.W.3d 733 (2016)

Samantha G. HOLLAWAY, Appellant v. DIRECT GENERAL INSURANCE COMPANY OF MISSISSIPPI, INC., Appellee.

Supreme Court of Kentucky.

RENDERED: SEPTEMBER 22, 2016.


Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Matthew David Ellison , Fowler Bell, PLLC.

COUNSEL FOR APPELLEE: Perry Adanick , Quinteros Prieto Wood & Boyer, P.A.

COUNSEL FOR AMICUS CURIAE, Ronald L. Green , Green, Chesnut & Hughes, PLLC., Mendel Austin Mehr , Mehr Fairbanks Trial Lawyers, PLLC


OPINION OF THE COURT BY CHIEF JUSTICE MINTON

In order to prevail on a third-party bad-faith claim under Kentucky's Unfair Claims Settlement Practices Act, a plaintiff must prove not only the insurer's unreasonable failure to respond to a legitimate claim to recover policy proceeds but also must produce evidence that the insurer acted recklessly indifferent to the plaintiff's right to recover. The Court of Appeals affirmed the trial court's summary judgment...

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