Elizabeth M. Bass

West Bend Insurance Company v. Crossroads Prayer Retreat, et al, No. 1:25-cv-01218.  On behalf of West Bend Insurance Company, Elizabeth Bass sought a declaration that the insurer had no duty to defend or indemnify the purported insureds pursuant to a policy of Commercial General Liability insurance for the underlying claims, which concerned alleged negligence in…

Nutrisystem, Inc., et al. v. LM Insurance Corporation, et al. , No. 21CV-50728.  In this insurance coverage dispute, ACE American Insurance Company argued that a CGL policy issued by LM Insurance Corporation provided primary coverage for a trademark infringement claim and that, subsequent to exhaustion of that CGL policy, ACE’s Digital Technology and Professional Liability…

Arnold, et al. v. Mediport, LLC, et al. , Case No. 2022-CA-0078-MR. Mr. Arnold experienced cardiac arrest at an extreme foot race event held at the Kentucky Horse Park. His wife filed a wrongful death action against Mediport, LLC, the entity retained by event organizers to provide first aid and EMT services to participants. Mrs.…

Westfield Insurance Co. v. Kentuckiana Commercial Concrete, LLC and Doster Commercial Construction, Inc. , No. 3:20-cv-639.  On behalf of Westfield Insurance Company, Elizabeth Bass filed a complaint for declaratory judgment, seeking a declaration that the insurer had no duty under a Commercial General Liability policy of insurance to defend or indemnify its named insured, a…

Roberts v. Kentucky National Insurance Company, et al.   Plaintiffs brought suit against their insurer for alleged breach of duties under a homeowners policy of insurance following a burst pipe and ensuing water damage to their home.  The Complaint included claims of breach of contract and insurance fraud; sought punitive damages, treble damages, and attorney…

Rebecca Thorpe v. Board of Education of Powell County, Kentucky, et al. Melissa Richardson, Elizabeth Bass, and Zack Turpin obtained summary judgment for their clients, a Board of Education, a Superintendent, and a High School Principal, after a former employee filed a Complaint alleging wrongful termination in violation of the First Amendment, her right to…

Christopher Wallace v. Grange Insurance Company , No. 2021-CA-0715.  Mr. Wallace sought Uninsured Motorist (“UM”) benefits under a policy of insurance issued to his employer.  He argued that because Grange was unable to locate a signed rejection of UM coverage, Grange owed UM coverage up to the liability limits, which were $1 million.  Furthermore, because…

Westfield National Insurance Company v. Quest Pharmaceuticals, Inc., Case No. 5:91-cv-00083, affirmed by the United States Court of Appeals for the Sixth Circuit in January 2023 .  Quest Pharmaceuticals sought insurance coverage under a Commercial General Liability policy issued by Westfield for claims asserted in over forty lawsuits by various municipal entities for its alleged…

State Farm Mutual Automobile Insurance Company, as subrogee of Rebecca Baggett v. Alleana K. Marshall , No. 2001489.  James Sager and Alleana Marshall were involved in a motor vehicle accident in Memphis, Tennessee.  State Farm, which insured the vehicle Mr. Sager was driving, concluded Ms. Marshall was at fault for the accident, paid the property…

Kentucky Farm Bureau Mutual Insurance Company, a/s/o Samir Silahic, v. Zachary Gibbs, No. 19-C-00480.  While backing out of his driveway, Zachary Gibbs was struck by a vehicle driven by Kadira Silahic, who was driving on the wrong side of the road.  Ms. Silahic’s insurer, Kentucky Farm Bureau, determined the accident was Mr. Gibbs’ fault, paid…

Lewis v. Shackelford, et al.  Melissa Richardson and Elizabeth Bass wrote an  amicus curiae  brief on behalf of Kentucky Defense Counsel in support of Defendants, King’s Daughters Medical Center and Dr. Paul Lewis, which assisted in securing a reversal in favor of Defendants. In 2010, Shackelford had a cerebral angiogram performed by Dr. Lewis at KDMC. Immediately…

Unique Insurance Company v. Julio Cesar Aguilar Perez and Susan Fuller, No. 1:18:cv-00040.  Elizabeth obtained a declaratory judgment which stated an auto liability insurance policy’s criminal acts exclusion barred coverage for an accident caused by the named insured’s driving while intoxicated and which enforced the policy’s punitive damages exclusion.  The opinion has been described in…

Pharmacists Mutual Insurance Company v. Omar Coley, No. 5:17-cv-00046-TBR.  Mr. Coley sought uninsured motorist coverage under a policy issued to his employer, claiming an unidentifiable piece of metal had struck his vehicle while he was making a delivery in the course of his employment.  His claim gave rise to several issues of fact and law,…

Endicott v. Knight’s Mechanical, et al , No. 16-CI-00252.  Mr. Endicott was at work when an overhead pipe fell, ricocheted off the floor, and struck him in the head.  He and his wife brought suit against the subcontractor responsible for removing the pipe, Knight’s Mechanical, and the contractor, Gray Construction.  On behalf of Gray Construction,…

Kendall v. Ralphie’s Fun Center , A/K/A Ralphie’s Properties, LLC . Ms. Kendall slipped and fell while bowling, fracturing her wrist. She alleged the bowling alley had negligently applied oil to the lane on which she was bowling and failed to post adequate warnings about the hazard presented by the oil. She and her attorney…

White v. Boyd .  On December 3, 2012, Dr. Boyd turned onto the wrong side of Man O War Blvd, and caused an accident with an oncoming vehicle in which Plaintiff was a passenger.  Dr. Boyd failed all field sobriety tests at the scene and was found to have a .164 BAC an hour and a…

Brenner v. Price,   No. 12-CI-00140, 2012 .  Plaintiff initially claimed orthopedic injury; then, one year later, began claiming a traumatic brain injury. Plaintiff made a six-figure settlement demand shortly before trial. Ms. Bass prepared extensive motions in limine and Daubert challenges, which preserved the record and effectively narrowed the Plaintiff’s options at trial. Ultimately,…