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11.27.2018

Courts rule PIP payments must be made by insurers

By Kyle Roby, Partner English, Lucas, Priest and Owsley, LLP Kyle Roby A recent Kentucky Supreme Court case addressed the issue of PIP or BRB payments, which are also called no-fault payments. This is part of a class action lawsuit against insurance giant GEICO. The company denied PIP benefits based on a doctor reviewing medical records and not examining the individual. This is known as a peer review of medical records by an out-of-state doctor. This procedure is not found in the Kentucky Motor Vehicle Reparations Act (MVRA). The plaintiffs argued that this procedure should not have been used as a standard for denying benefits and the Kentucky Supreme Court agreed.  In fact, the Kentucky Supreme Court compared the arguments made by the attorneys and the trial court to coon dogs leading a hunter in the wrong direction or as the old saying goes “they were barking up the wrong tree.” The case is Government Employees Insurance Company (GEICO) vs. Jordan Sanders and Anita Houchens (individually and as class representatives). The court handed down the ruling on November 1, and ordered that the ruling was to be published, which means it can be used as a standard in future cases. Read More

11.20.2018

5 tips to help your business avoid a scam

By Brett Reynolds, Partner English, Lucas, Priest and Owsley, LLP Brett Reynolds Everyone has gotten scam calls and emails. The scammers are getting smarter and more sophisticated, and they’re now targeting law firms and other businesses with well-planned attempts to get money. The scams have enough legitimacy that they sound like they could be real business transactions. In fact, our own firm was hit with an attempt a few weeks ago that we wanted to tell you about so you can see how these type of scams work, and how you can avoid getting taken. I was contacted by a local real estate developer who owned several apartment complexes. A buyer in China wanted to buy the properties, and he needed someone to hold earnest money in escrow and assist with any legal details that might arise before he could come to the United States. I agreed to do so. This is fairly standard and something we’ve done in countless deals for clients previously. It didn’t raise any alarms for us that the buyer was overseas. This is quite common. Bowling Green is a fairly diverse city with lots of foreign nationals living and working in our community, and we’re better for it. Read More

11.08.2018

Supreme Court rules government entities can be sued for age bias

By Aaron Smith, Partner English, Lucas, Priest and Owsley The U.S. Supreme Court issued a unanimous ruling this week that municipalities need to carefully consider in their hiring and firing practices. The ruling indicates that local and state governments are required to abide by the Age Discrimination in Employment Act, which has been in place since 1967. The law was amended in 1974 to specify that it applies to public entities as well. Read More

11.07.2018

Required minimum distributions can be confusing

By Nathan Vinson, Partner English, Lucas, Priest and Owsley, LLP Recently, a colleague asked me what I thought was a simple question about the required minimum distributions that those over 70 ½ must take each year from their retirement accounts. In the course of doing the research to… Read More

10.25.2018

Front load 529 plans for tax advantages

By Nathan Vinson English, Lucas, Priest & Owsley, LLP If you want to save up for your child’s future college education, 529 plans have long been a great option. Lovingly named for the section of the IRS tax code where these reside, 529 plans allow families to save for college with some tax advantages. The plans are sponsored by states, state agencies, or educational institutions, and can be either a prepaid tuition plan or an education savings plan, depending on what the sponsor offers. Western Kentucky University campus A prepaid tuition plan allows you to pay today’s rates for future college education. This can be a tremendous savings if you’re 100 percent certain your kid is absolutely going to a specific college (or going to college at all). These are typically state-owned colleges and universities, and you can only pre-pay tuition, not room and board. Kentucky’s prepaid tuition plan is closed, and will be reassessed annually, the plan says on its web site; Kentucky Education Savings Plan Trust does still offer a 529 plan that allows for college savings, and you can find more on that here. An education savings plan is simply a vehicle for saving up for future college costs, and that includes room and board. These funds can also be used for private school tuition at elementary, middle and high schools, up to $10,000 per beneficiary. That $10,000 cap, though, doesn’t apply to college – just to K-12 education. Read More

10.19.2018

Sometimes going to trial is your best option (Part 2)

By Aaron Smith, Partner English, Lucas, Priest and Owsley, LLP Just a few short weeks ago, attorneys Buzz English and J.A. Sowell from our firm took a case to trial because our client felt it was the best option, and we concurred. In that case, we were defending a truck driver and the company he worked for against a lawsuit filed by a pedestrian he struck at night while driving. Our observation from that case is that sometimes it is best to go to trial --- and we had that lesson reinforced for us and our clients again this week in Simpson Circuit Court. Read More

10.04.2018

Sometimes, Trial IS the Best Option

By Buzz English, Partner English, Lucas, Priest and Owsley, LLP Buzz English In the modern-day legal system, it is becoming increasingly rare to take a case to a jury trial. But sometimes it is the best course, especially if you believe you are in the right. In September, I was in Wayne County Circuit Court in Monticello, Kentucky, trying a case filed by a pedestrian who had been struck by my client, Beja Environmental’s driver, John Magazzeni. Attorney J.A. Sowell, also with ELPO, joined me in representing Magazzeni and Beja at trial. The Plaintiff Plaintiff, a 68-year-old woman, walked across a bypass road, just past a lighted intersection and Magazzeni collided with her.  Obviously, the accident caused serious injuries, and Plaintiff was life-flighted to the University of Kentucky’s hospital, where she remained for months.  Prior to trial, she claimed Magazzeni ran a red light and hit her.  At trial, now 72 and assisted by a walker, she claimed she was standing on the median when Magazzeni hit her. Read More

09.28.2018

6 Things to Bring to Meet with Your Lawyer After an Accident

By J.A. Sowell Attorney, English, Lucas, Priest and Owsley, LLP J.A. Sowell Meeting with an attorney can be an intimidating experience. We understand and we want to help prepare you for your potential meeting with an attorney following an accident, whether it is me or someone else. Keep in mind that lawyers meet with people every day who are suffering from injuries following a car wreck or truck accident, and we are accustomed to helping clients in every way that we can and making any necessary accommodations for our clients. You may feel better about the process if you bring someone with you who is calm and can help you stay calm, too. You are welcome to bring that friend or family member with you if that is helpful to you, so long as you understand that we may be discussing personal business with you. The initial consultation with our attorneys in accident cases is free. Read More

09.20.2018

More safety equipment, warning systems needed on large trucks

By Kyle Roby, Partner English, Lucas, Priest & Owsley, LLP Tractor-trailer accidents are the most dangerous and destructive collisions on our country’s roads – and the problem is only getting worse. When trucks collide with a car, more often than not, people die. That’s because big rigs usually travel at a high rate of speed on interstates, and if they crash into another vehicle, it’s going to be much smaller. Braking time for large, heavy vehicles is substantially more than that of cars, so even if a truck driver can see the potential for an accident, they can’t necessarily avoid it. Yet, it doesn’t have to be this way. There are high-tech solutions that the National Highway Traffic Safety Administration could require trucking companies to install, but so far, they have not. Read More

09.12.2018

Buy lots online? Be prepared to pay state taxes

By Nathan Vinson, Partner English, Lucas, Priest and Owsley, LLP If you aren’t paying Kentucky sales tax on items you buy online, you will be soon – and you have the great state of South Dakota to thank for it. Earlier this year, the U.S. Supreme Court ruled on… Read More