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Lexington and Louisville Law Blog

How can you avoid being sued for bad faith insurance practices?

As a insurance industry professional, you've likely been trained as to what a bad faith insurance claim is. Even still, many insurers employ various tactics that they think that their customers won't readily identify as falling under the umbrella of "bad faith" when processing their claims. It can be helpful for you as an insurer to apprise yourself of what falls into this category of illicit activity so that you don't expose yourself to any unnecessary legal liability.

A bad faith claim is best defined as a situation in which an insurer knowingly acts recklessly or unreasonably. If this results in a claim getting denied or the processing of it being delayed, then you as the insurer may be sued.

What are examples of securities fraud?

There are many different types of investment opportunities that exist nowadays. There are your standard stocks and bonds and then there more nuanced investments such as the digital currency known as bitcoin. The responsibility falls on the party offering the investment opportunity to be forthright in disclosing what the value of its shares is. It's the responsibility of your portfolio manager to share that accurate information with you. Either party may be charged with securities fraud if the information that they give is inaccurate.

One common type of securities fraud that many individuals have heard of is insider trading. It involves one party with access to a company's confidential financial affairs tipping a stockholder off to buy or sell a stock. It's the responsibility of a company owner to first let their board know of any potential financial problems before they tell any individual investors. If they fail to do this, then they may be charged with insider trading.

Who's eligible to receive overtime in Kentucky?

There are two main pieces of legislation addressing overtime here in Kentucky. There are state laws including Kentucky Rev. Stat. §§ 337.285 and 337.050. There's also the federal law known as the Fair Labor and Standards Act (FLSA). Each of the laws can be used by employers to guide them in knowing when to pay overtime. This same legislation can be used by employees to better inform themselves of their rights to compensation.

The FLSA requires employers to pay their employees 1.5 times their regular hourly wage anytime that they work more than 40 weekly hours.

Discrimination because of your spouse's religion

Did you know that you could face discrimination in the workplace because of your spouse's religion? It doesn't matter if you hold the same religious beliefs yourself or not.

The U.S. Equal Employment Opportunity Commission (EEOC) makes a direct point of defining this type of religious discrimination as just as illegal as if you faced discrimination based on your own religion.

Is your company getting sued? Learn how we can help you respond

No one ever chooses to get sued, but those who own companies realize that often it's just a consequence of running a business. Regardless of the basis of the legal action, how the company handles the fallout can determine the trajectory of the incident.

If a company owner feels that they are the wronged party, their impulse may be to jump on social media sites and defend their position. This is almost a universally bad idea.

Are businesses liable for employee's acts?

One of the most important things that business owners can do is to reduce risk and liability. The only way that they can do this effectively is by fully understanding the law and using it to inform their decisions.

In many cases, businesses can suffer losses due to the unlawful and negligent actions of their employees. The actions of an employee could mean that the business will need to undergo costly litigation. If you are worried about this happening to your business, you must be aware of how this can occur.

What if a driver cuts off your truck?

Generally speaking, if there is a rear-end accident, it's the fault of the second car -- the one in the back. Even if that first driver slammed on the brakes and "caused" the crash, the second driver is legally obligated to have enough space to stop in time. If they can't, then they were following too close.

There are exceptions, though. What if someone cuts off a semitruck?

Defenses to embezzlement accusations in Kentucky

In general instances of theft, old English law required that trespass was necessary for a person to be found guilty. When it became possible for criminals to steal possessions through the use of computer systems and other strategies, this meant that a loophole in the law was created. To address this loophole, the crime of embezzlement was brought into law.

The crime of embezzlement occurs when a person is in the possession of another's property unrightfully. When they have possession, they take advantage of their position and proceed to take the property for their own use. To find a person guilty of embezzlement, it must be shown that the accused had no intention of giving the property back.

BIG Congratulations to Partner Jeffrey A. Taylor on being named a Top 50 Super Lawyer - 2020!

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations. © 2019 "Super Lawyers"®, part of Thomson Reuters. All Rights Reserved, December 2nd, 2019

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