Ramona Powell v. Cherokee Insurance Company

476 F. App'x 77

• Court: Court of Appeals for the Sixth Circuit
• Decided: August 20, 2012
• Docket: 11-6537
• Status: Unpublished

Opinion

PER CURIAM.

Plaintiff-Appellant Ramona Powell alleges that Cherokee Insurance Company (“Cherokee”) violated Kentucky’s Unfair Claims Settlement Practices Act (“UCS-PA”) in its processing of her third-party insurance claim. The district court granted summary judgment in favor of Cherokee on the ground that Powell failed to present evidence that Cherokee had engaged in outrageous or egregious behavior, notwithstanding the undisputed delay in resolving her claim.

After the district court rendered its decision and the parties had fully briefed the issues in the instant appeal, we decided Phelps v. State Farm Mutual Automobile Insurance Company, 680 F.3d 725 (6th Cir.2012), a case that considered similar claims of an insurer’s bad faith arising under the UCSPA. Because Phelps may be instructive in the resolution of the issues presented in the instant case, we hereby VACATE the judgment of the district court and REMAND for reconsideration in light of our analysis in Phelps.