Cynthia Phelps v. State Farm Mutual Automobile I

BATCHELDER, C.J. (pp. 707-10), delivered a separate dissenting opinion.

AMENDED OPINION

RONALD LEE GILMAN, Circuit Judge.

Cynthia Phelps alleges that State Farm Mutual Automobile Insurance Company violated Kentucky’s Unfair Claims Settlement Practices Act (UCSPA) in its processing of her third-party insurance claim. The district court granted summary judgment in favor of State Farm on the ground that Phelps had failed to present sufficient evidence to show that the three years taken to settle her claim raised a genuine dispute as to whether State Farm had acted in bad faith. For the reasons set…