Page 26 - Reservation of Rights - Special Edition

KENTUCKY
Notice/Timeliness
Notice is accomplished by a reservation of rights letter or
a non-waiver agreement. The reservation of rights letter given by the insurance company “will be held sufficient only if it fairly informs the insured of the insurer’s position.” 38 A.L.R.2d 1148.
When an insurer has information on which it will base a dis- claimer, the insurer must notify the insured of its intentions as soon as possible. W. Farm Bureau Mut. Ins. Co. v. Danville Constr. Co., Inc., 463 S.W.2d 125, 128 (Ky. Ct. App. 1971).
When defending under a reservation of rights, the insurer must clearly notify the insured that its defense is subject to its reservation of rights to later disclaim coverage. James v. Kentucky Farm Bureau Mut. Ins. Co., 2003 Ky. App. LEXIS 312, at *10-*11 (Ky. Ct. App. Dec. 12, 2003).
Waiver/Estoppel
The Court of Appeals of Kentucky held that an insurer’s failure to reserve rights for over two years waived all cover- age defenses and enlarged the scope of coverage under the policy. Ohio Cas. Ins. Co. v. Wellington Place Council of Co- Owners Homeowners Ass’n, Inc., 2014 WL 97395 (Ky. App. Jan. 10, 2014). In Ohio Cas. Ins. Co., a condominium associa-
2018 ReseRvation of Rights - special edition
KENTUCKY
Founded in Cleveland, Ohio in 1980, Mazanec, Raskin & Ryder Co., L.P.A. has built its reputation and practice by providing uncompromising legal representation that exceeds the objectives and expectations of our clients. As a mid-size regional law firm, we are able to provide our clients with focused personal attention. The vast majority of our clients deal directly with a senior partner.
From its inception, MRR has provided outstanding legal representation in virtually all types of litigated matters affecting insurers and their insureds, the business community and public entities of all types.
In addition, our firm counsels businesses, individuals and public entities on a wide variety of matters including business formation, estate planning, probate, labor matters and legislation, risk management, planning and zoning and other issues facing local governmental clients.
The founding members of the firm, Tom Mazanec, Todd Raskin and Ed Ryder, are all former insurance claims professionals. Our firm is segmented into practice groups permitting each of our attorneys to gain a deep focus and understanding of the field in which he or she practices. As our practice has grown we have added legal professionals with strong backgrounds in fields other than the private practice of law. This breadth and depth of experience allows us to bring a unique understanding of our clients’ needs and objectives to the attorney-client relationship and provides for timely, cost-effective, successful representation.
Practice Areas: General Liability; Insurance Coverage & Bad Faith; Product Liability; Professional Liability & Licensing; Directors & Officers Liability; Liquor Liability; Civil Rights & Government Liability; Employment & Labor Law; Insurance Agent Errors & Omissions; Auto & Commercial Trucking; Business Law & Real Estate; Construction Litigation; Medical Malpractice and Municipal Law.
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