Andrew-John R. Bokeno

Edward M. O’Brien (Partner-Louisville) and Andrew-John R. Bokeno (Associate-Louisville) were once again enlisted by Kentucky Defense Counsel, Inc., the state’s largest association of civil defense attorneys, to file an amicus brief on its behalf in a case pending before the Kentucky Court of Appeals. Eddie and AJ’s brief advocated that the trial court’s ruling correctly dismisses claims alleging bad faith against an individual insurance adjuster under Kentucky’s Unfair Claims Settlement Practices Act. The Court of Appeals affirmed the trial court’s finding that under the rule of privity of contract, individual insurance adjusters are not parties to the contract with a carrier’s insureds and thus cannot be held liable for bad faith in the settlement of a claim. Adopting many of the arguments outlined in Eddie and AJ’s amicus brief, the Court of Appeals’ decision settles an issue long debated under Kentucky law in state and federal district courts.