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NICHOLS v. ZURICH AMERICAN INSURANCE CO.

2020-SC-0284-DG.

630 S.W.3d 683 (2021)

James D. NICHOLS, Appellant v. ZURICH AMERICAN INSURANCE COMPANY, Appellee.

Supreme Court of Kentucky.

September 30, 2021.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Bartley Kemble Hagerman , Lexington, Mendel Austin Mehr , Mehr Fairbanks & Peterson, PLLC.

COUNSEL FOR APPELLEE: Robert Estes Stopher , Robert Dmitri Bobrow , Boehl Stopher & Graves, LLC, Louisville.

In an insurance bad-faith cause of action, the claimant must prove the insurer (1) was obligated to pay the claim under the terms of the policy; (2) lacked a reasonable basis in law or fact for denying the claim; and (3) either knew it had no reasonable basis for denying the claim or acted with reckless...

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