$2.55 million verdict upheld by Court of Appeals

Written by AMLO.

In June 2011, the Kentucky Court of Appeals upheld a bad faith verdict rendered against The Medical Protective Company in the amount of $2.55 million dollars. In May 2009, Mehr Fairbanks Trial Lawyers tried this bad faith case against Medical Protective in Kenton Circuit Court. The bad faith case arose from Medical Protective's handling of the Wiles (MFTL's client) medical malpractice claim. The jury found that Medical Protective refused to pay the Wiles claim without conducting a reasonable investigation; Medical Protective did not make a good faith attempt to effectuate a prompt, fair, and equitable settlement once liability had become reasonably clear; and Medical Protective did not promptly provide a reasonable explanation for their denial of the claim or the offer of the compromise settlement. The jury found Medical Protective to have acted in bad faith in the handling of the Wiles medical malpractice claim. The jury awarded the Wiles $350,000 in compensatory damages for emotional pain and suffering, stress, worry, and inconvenience, and also awarded $2.2 million dollars in punitive damage. Despite Medical Protective appealing this jury verdict, the Court of Appeals upheld the $2.55 million dollar award.

Click here to read the Kentucky Court of Appeals' Opinion.