Personal Injury and Tort Defense Litigation

Admiralty and Maritime Law

Insurance Coverage Litigation

Employee Benefits Litigation

• Kentucky, 1989
• Indiana, 1991

• All Federal Courts in Indiana, Kentucky, and Southern District of Illinois

• University of Louisville, Louis D. Brandeis School of Law, J.D., 1988
• University of Louisville, B.A., 1980

Gene is a member of Frost Brown Todd LLC and practices in the litigation department.  He devotes a significant amount of his time to counseling and defending insurers in matters relating to first-party claims, including a variety of tort, health, Maritime and contractual claims, as well as liability claims.

Gene draws on his experience as a Captain in the U.S. Navy Reserve to augment his work in the Admiralty and Maritime law arena. He represents vessel owners on insurance claims, seaman's claims, the Jones Act, Longshoreman and Harbor Workers’ Act, and issues relating to cargo and barge disputes.

Gene also handles employee benefit litigation, primarily ERISA matters for health and welfare benefits plans. These include claims relating to denial of benefits for medical treatment and disability benefits.

Experience

Litigation

Defense of commercial insurance policies, including indemnity and general liability

Defense of companies and self-insured entities in ERISA litigation

Admiralty and Maritime law litigation and contractual issues

Prosecution of declaratory judgment actions, including coverage disputes

Prosecution of subrogation and reimbursement claims

Defense of claims arising under the Jones Act, 46 U.S.C. § 688

Reported Cases

Winkler v. V.G. Reed & Sons, Inc.
619 N.E.2d 597, Ind.App., 1993

Winkler v. V.G. Reed & Sons, Inc
638 N.E.2d 1228, Ind., 1994

Hamilton v RDI/Caesars Riverboat Casino, Inc
179 F.Supp.2d 929, S.D.Ind., 2002

Ford v. RDI/Caesars Riverboat Casino, LLC
503 F.Supp.2d 839, W.D.Ky., 2007

RDI/Caesars Riverboat Casino, Inc. v. Conder,
896 N.E.2d 1172, 2008 A.M.C. 2861, Ind.App., 2008

Caesars Riverboat Casino, LLC v. Kephart,
903 N.E.2d 117, Ind.App., 2009 

• Peer Review Rated,  Martindale-Hubbell®
• The Best Lawyers in America® 2008-2009

• American Bar Association
• Indiana State Bar Association, Litigation Committee District Representative
• Kentucky Bar Association
• Louisville Bar Association
• Floyd County Bar
• Defense Research Institute

• Captain, United States Navy, Commanding Officer, Pacific Command Reserve Joint Operations Center; Veteran of the wars in Kosovo, Iraq and Operation Enduring Freedom
• Kentucky Hemophilia Foundation, Board Member and Counsel
• Floyd County Riverboat Charitable Foundation, Investment Committee, Member
• Shively Area Ministries (support for the indigent), former Board Member and Counsel
• Habitat for Humanity, Volunteer

ERISA Subrogation by Insurers in Kentucky, Kentucky Academy of Trial Attorneys Subrogation Seminar, 2001

Subrogation by Insurers in Kentucky, Kentucky Academy of Trial Attorneys Subrogation Seminar, 2004

”Ask the Legal Professional – Doing Business on the Sunny Side of the River”; Louisville Business First, May 2006