Michael F. Lawrence's Legal Cases (5)

Insurance

Progressive Max Ins Co. v. National Car Rental Systems, Inc 329 S.W.3rd (Ky 2011)

Jan 01, 2011

OUTCOME: Supreme Court decided statute only allowed for recovery by intervention or mediation so common law claim dismissed.

National sued under common law subrogation to recover from tortfeasors insurer, Progressive. Civil claim was filed by injured party, settled and dismissed without notice to National so it had no oppor ... tunity to intervene and assert claim. Additionally, it was not a member of the insurance agreement that would have allowed it to demand mediation / arbitration against Progressive (tortfeasors insurer)

Litigation

McGuire v. Citizens Fidelity Bank & Trust Co, 805 S.W.2d 119 ((Ky 1991)

Jan 01, 1991

OUTCOME: Bank won and helped define judicial admissions in Ky to include statements used in collateral proceedings

Bank acting as Administrator in estate settlement action pending in Circuit Court, sued former joint executors to enforce agreement they made in District Court Probate action.

Litigation

Munn v. Pfizer Hosp. Products Group, Inc. 750 F.Supp 244 (W.D. Ky 1990)

Jan 01, 1990

OUTCOME: We prevailed on the denial of the defendants summary judgment motion. After prevailing at trial on the sole issue of when plaintiff knew or should have known of the defect the case settled.

Motorcyclist fell and fractured leg. A Gross & Kempf Nail was inserted into his femur. After a time it failed and was replaced with a second nail. This nail failed as well. The issue was when the P ... laintiff knew or should have known of the failure and whether this was a question of fact or law.

Arbitration

Pavkovich v. Shenouda, 280 SW3d 584 (KyApp 2009)

N/A

OUTCOME: Trial court granted our motion and it was affirmed on appeal

Real Estate dispute between Buyers and Sellers. Contract had a Mediation and Arbitration clause. The Buyers filed suit. We asked the court to uphold / enforce the mediation and arbitration clause. ...

Arbitration

Dutschke v. Jim Russell Realtors 281 SW3d 817 (KyApp 2008)

N/A

OUTCOME: Affirmed on appeal, plaintiff's motion for discretionary review at the supreme court denied.

Real Estate dispute between buyers and sellers and sellers agent. Contract included Arbitration clause. Trial court granted motion to compel arbitration. Trial court denied appeal of arbitration deci ... sion.

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