For the Kentucky Bad Faith Lawyer: Foster v. Farm Bureau, The Good and the Bad
Kentucky insurance bad faith decision.
In Janet Foster v. Kentucky Farm Bureau, the Kentucky Supreme Court reached two important decisions.
The Good: An individual who is unemployed at the time of an automobile accident may collect work loss benefits from a job that she is later offered but cannot fulfill because of a physician's advice, and such conduct is covered by the Kentucky MVRA statutes
The Bad: An insurers failure to pay no-fault benefits does not support a seperate claim for bad faith. The Kentucky Motor Vehicle Reparations Act is the exclusive remedy for no-fault claims, and the Unfair Claims Settlement Practices Act does not apply. There is no bad faith claim available for PIP claims, the attorney fee provision of the MVRA is the exclusive remedy.