Ramona Powell v. Cherokee Insurance Company

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 12a0924n.06
No. 11-6537 FILED
Aug 20, 2012
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT LEONARD GREEN, Clerk
RAMONA POWELL, )
)
Plaintiff-Appellant, )
)
v. ) ON APPEAL FROM THE UNITED
) STATES DISTRICT COURT FOR THE
CHEROKEE INSURANCE CO., ) WESTERN DISTRICT OF KENTUCKY
)
Defendant-Appellee. )
Before: BOGGS, GILMAN, and DONALD, Circuit Judges.
Per Curiam. Plaintiff-Appellant Ramona Powell alleges that Cherokee Insurance Company
(“Cherokee”) 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 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.