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BatesCarey Secures Supreme Court of Kentucky Win in $28 Million Malicious Prosecution Dispute

December 2025 | Category: Recent Successes

BatesCarey achieved a unanimous ruling from the Supreme Court of Kentucky, finding no duty to defend or indemnify a wrongful conviction claim and resulting in a $28 million consent judgment. The decision establishes new law in Kentucky and should better equip insurers nationwide in rebutting claims of continuous “personal injury” coverage across decades of incarceration. Westport Insurance Corporation v. City of Newport (Ky. Case No. 2023-SC-0497)

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Mark G. Sheridan, Robert J. Bates, Jr., Agelo L. Reppas and Samuel J. Head Secure U.S. Court of Appeals Sixth Circuit Victory in Complex Reinsurance Dispute

November 2025 | Category: Recent Successes

BatesCarey secures a significant win in the Sixth Circuit, affirming a summary judgment ruling in Amerisure Mutual Ins. Co. v. Swiss Reinsurance America Corp. The decision builds on an earlier arbitration victory that established critical precedent on defense cost allocation and ultimately saved the client millions in potential exposure.

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Adrian Rohrer and David Koury Obtain Illinois Appellate Court Victory in E&O Coverage Case

August 2025 | Category: Recent Successes

BatesCarey successfully obtained affirmance of summary judgment on behalf of Lloyd’s of London in a professional liability dispute, where the appellate court upheld the application of the E&O policy’s cyber event exclusion. The court concluded that coverage was barred because the hacking incident constituted the originating event from which all contributing causes of the loss stemmed, and it further held that Lloyd’s of London was allowed to consider an earlier statement by the insured regarding the details of the hacking incident as extrinsic evidence with respect to its alleged duty to defend.

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