WMR Defense provides litigation services to insurance companies in many areas such as motor vehicle accidents, complex claims, product liability, premises liability, or dram shop liability. Our firm works to settle disputes quickly and efficiently with the best interests of the insurance carriers in mind at all time. When trial is necessary, our attorneys are prepared to achieve defense verdicts.
John W. Walters was granted summary judgment on behalf of an insured in Pulaski Circuit Court upon proof of a release the injured party executed in favor of the insured. The Kentucky Court of Appeals affirmed this judgment, finding no grounds to support invalidating the release as the injured party failed to produce evidence that the insured violated any legal duty owed to her. Coomer v. Phelps, 172 S.W.3d 389, 2005 Ky. LEXIS 298.
WMR represented an insurance carrier in the successful defense of a District Court declaratory judgment on an insurance policy issued to a non-profit mental health treatment center. A patient began treating at a physician's private psychiatric practice. Several years after the doctor ceased being a patient, and the physician began working for the nonprofit clinic, the doctor sought an antidepressant prescription from the physician. The physician initially declined and discouraged the doctor from seeking to utilize the clinic for treatment but ultimately wrote the doctor a prescription, and the patient committed suicide shortly thereafter. The patient's estate sued, contending that the physician violated the standard of care. On appeal, the court agreed with the District Court that the policy did not cover the physician with regard to the estate's claims. Scottsdale Ins. Co. v. Nat H. Sandler, 381 Fed. Appx. 554 (6th Cir. Ky. 2010).