Morgan & Akins secured its second dismissal for a large regional insurance client
BY Morgan, Akins & Jackson
| February 1, 2018
< Back to All Firm News
Morgan & Akins secured its second dismissal for a large regional insurance client

Chad M. Jackson and Whitney L. Lucas recently secured its second dismissal for a large regional insurance client from the Kentucky Department of Workers’ Claims in complicated claims crossing into both Tennessee and Kentucky. The insurer provided only Tennessee workers’ compensation coverage for a roofing company based in Tennessee; however, the incident at issue occurred in Kentucky. Unfortunately, the incident resulted in an injury to one individual and the death of another.  The insurer was brought into the Kentucky actions as the only insurer of record and attempts by the other parties to argue that the Tennessee policy was applicable under a “limited other states endorsement”.  Mr. Jackson and Ms. Lucas prevailed before an Administrative Law Judge in the first action filed by the estate of the deceased worker, successfully arguing that the Tennessee policy was not applicable under the terms of the policy or under Kentucky law.  The other injured employee (who originally filed for and received benefits in Tennessee under the policy) later also filed in Kentucky for additional benefits.  They were again able to secure dismissal in that proceeding before a different Administrative Law Judge.

Share This