Ramona Powell v. Cherokee Insurance Company, No. 11-6537 (6th Cir. 2012)
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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 12a0924n.06 No. 11-6537 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT RAMONA POWELL, Plaintiff-Appellant, v. CHEROKEE INSURANCE CO., Defendant-Appellee. ) ) ) ) ) ) ) ) ) FILED Aug 20, 2012 LEONARD GREEN, Clerk ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY 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.
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