In January of 2013, the United States District Court for the Eastern District of Kentucky decided a case that involved a Kentucky car accident and bad faith. (See Massachusetts Mutual Life v. Watson, 2013 WL 142431 (E.D. Ky. 2013)).
The issue at this time had to do with whether or not the court should bifurcate the case presently before it. “Federal courts in Kentucky have consistently employed bifurcation to separate insurance coverage disputes from bad faith claims.” (cites omitted). “Bifurcation serves to avoid prejudice to the parties by eliminating potentially unnecessary and cumbersome discovery,” by narrowing “other claims, thus reducing the time and money parties will need to expend to litigate them,” and by “preventing confusion to the jury by simplifying the issues.” (cites omitted). These are all things that your Kentucky car accident lawyer should know.
The Plaintiff did not want the case bifurcated but the Defendant did want this Kentucky car accident case bifurcated. Plaintiff argued that the issues were similar for both. But, the Court held that bifurcation of this Kentucky car accident case would avoid prejudice.
Also, there was an issue of discovery and whether it should be stayed or not. The Court held that staying discovery was in right thing to do. The bad faith part and the reason for denying the claim at this time would not require the same witnesses or information. The inquiry into the basis for the bad faith claims should be abated until the necessity for such discovery is certain said the court. Id.
If you have been the subject of a Kentucky Car Accident Case Bad Faith case, please call and speak to a Kentucky Car Accident Case Bad Faith lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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