Matching required in Kentucky. A Kentucky ordinance requires insurance companies to "replace all objects in the area to conform to a reasonably uniform appearance." 1 The problem for policyholders is that Kentucky federal courts will not apply the ordinance.
] A Cases in Kentucky involving hailstorm injuries ended up in federal court with a dispute over whether matching could be considered by an assessment panel. 2 The court noted the dispute between the parties:
"match" replacement shingles and soft metals covered by the insurance "which would result in" an unexpected case that [Gardiner] did not bargain for under the insurance and coverage for which it did not pay a premium. "Gardiner claims that both Kentucky law and policy require that Nationwide matches the entire roof with any shingles that are replaced during repair of the roof valves.
Personally I would have challenged Nationwide's lawyer about the alleged unexpected case because Kentucky obviously has a regulation that prevents what Nationwide does. In fact, if the Kentucky Department of Insurance noticed that Nationwide was behaving in this way and fined the insurer for this misconduct, no one should be surprised.
But the federal court in Kentucky found that there was no private right to speak. and somehow interpreted the legal reasoning into a decision that insurance companies are free to violate Kentucky insurance regulations.
Recently, this court ruled that this "regulation cannot be enforced in a private document." Cincinnati Specialty Underwriters Ins. Co. v. C.F.L.P. 1LLC, no. 3: 14-CV-40-DJH-DW, 2015 WL 5793951, (W.D. Ky. 30 Sept. 2015); see also Advanced Mech. Servs., Inc. v. AutoOwners Ins. Co. No. 3: 14-CV-388-DJH-CHL, 2017 WL 3381366, at * 8 (WD Ky. 4 Aug. 2017) (& # 39; [T] his court and its sister district have been repeatedly held, [the regulation] is not applicable in private disputes … & # 39; … As this court declared in Woods Apartments, LLC v. US Fire Insurance Co. No. 3: 11-CV-00041-H, 2013 WL 3929706 (WD Ky. July 29, 2013):
The ordinance cited by the plaintiffs clearly stipulates that "[a] violation of this Administrative Procedure shall only be found by the Executive Director. This Administrative Procedure shall not create or imply a private action for crime. against this administrative provision. "… as this court has found"
Even if I agree that the policyholder can not bring an action for private tort in bad faith, it does not mean that the insurer's contractual and performance obligations can be avoided. Kentucky Regulatory Team. The whole purpose of the law is to prevent Nationwide from matching the undamaged and damaged parts of the building. Although I understand the logic of the court, it is simply wrong. It ignores what Kentucky demands of Nationwide to do.
Thought For The Day
Illogical thinkers throw names and soil their opponents because they have no arguments to disprove . Rational people must continue to score their points.
1 806 KAR 12: 095 § 9 (1) (b).
19659014] wide Ins. Co. v. 1616 Gardiner Lane, Inc. no. 3: 20-cv-00651 (W.D. Ky. June 16, 2021).