Tort and Insurance Defense

The Tort and Insurance Defense Practice Group at Frost Brown Todd consists of attorneys and professionals who represent a broad range of clients in personal injury and tort defense litigation. The group also serves the insurance coverage, fraud and bad faith needs of our insurance clients in sensitive cases involving environmental coverage, insurance fraud, and claims for extra-contractual damages.

The attorneys practicing personal injury and tort defense in the Tort and Insurance Defense Practice Group have tried hundreds of cases involving the defense of insured and self-insured clients. The matters have ranged from relatively minor personal injuries to catastrophic wrongful death and damages claims, including serial and mass tort claims.

These cases involve complex legal and factual situations that, when combined with a claim for punitive damages, require a particular legal skill set. Our attorneys routinely deal with the integrity of sophisticated claims handling procedures; complex coverage issues; attacks on the attorney-client and work product privileges, which are undertaken by plaintiffs in extra-contractual damage cases like no other case; claims for punitive damages and cases which deal with the honesty and integrity of the insured and insurance companies and their representatives. These cases are important to insurance companies because the integrity of the company and its internal procedures are under direct attack; and the exponential punitive damage exposure, in what some regard as consumer transaction cases, is large.

Frost Brown Todd is recognized as one of the leading law firms in the region for coverage, fraud and extra-contractual damage cases.  Our lawyers routinely handle insurance coverage matters in Indiana, Kentucky, Ohio, Tennessee and West Virginia.  In addition, Frost Brown Todd has represented insurers in many other states including California, Arizona, Oklahoma, Texas, New York, Alabama, Mississippi, Arkansas and Florida.

The Tort and Insurance Defense Practice Group consists of a trial-oriented practice emphasizing client service.

Personal Injury and Tort Defense

The group's experienced trial attorneys handle routine and complex cases in state and federal courts. The group practices in the defense of a wide range of personal injury matters, property damage and wrongful death matters. Categories of cases include but are not limited to the following:

  • Closed head injuries
  • Commercial transportation, trucking and motor carriers
  • Dram shop
  • ERISA
  • FELA
  • General commercial liability
  • Insurance
  • Bad faith
  • Uninsured motorist/underinsured motorist
  • Legal malpractice
  • Medical malpractice
  • Motor vehicles
  • Nursing home
  • Premises liability
  • Product liability
  • Asbestos
  • Tobacco
  • Industrial and consumer chemicals
  • Risk management
  • Wrongful death
  • Accidental death and disability policies
  • Special resources
  • Coordination of experts

The group is comprised of trial attorneys with substantial experience litigating significant disputes and severe personal injury and death claims relating to every kind of commercial or personal issue. Our experience ensures our immediate response to a claim when time is of the essence and we have the capabilities to bring a wide range of experts to the team- including accountants, safety and security experts, medical and legal experts, accident reconstructionists, human factors experts (i.e., conspicuity and acuity), accident kinematics experts, biomechanical engineers, seat-belt experts, economic damages experts and computer recreation engineers.

Medical Malpractice

Frost Brown Todd has a well balanced team of trial attorneys with many years of experience in defending medical malpractice lawsuits. The firm has defended medical malpractice cases for over 30 years and has tried many cases to verdict. Representative clients include: Bethesda Hospital, Good Samaritan Hospital, University Hospital, St. Luke Hospital, Alliance Primary Care, Drake Hospital, Catholic Health Initiatives, Preferred Professional Insurance Company and American Physicians Assurance Corporation. Our attorneys have handled all facets of medical malpractice cases, including wrongful death, birth trauma, radiology, pathology, emergency medicine, family practitioners, internal medicine and many others.

Coordination with Other Practice Groups

Attorneys at Frost Brown Todd work closely to develop effective working relationships with one another that cross over from one practice area to the other. Attorneys in the Tort and Insurance Practice Group interact closely with experienced Frost Brown Todd environmental, employment, intellectual property, commercial transaction and other counsel enabling us to provide our clients with guidance beyond the issues that may arise in a typical insurance litigation matter. This smooth interrelationship between different areas of practice provides seamless and effective representation of our clients. With nine offices throughout Ohio, Kentucky, Indiana, Tennessee and West Virginia, we can quickly staff cases with counsel from the closest location.

The Tort and Insurance Defense Practice Group can provide national and/or regional coordination of claims and litigation to promote efficiencies of scale and familiarity, as well as stability and uniformity through discovery. Our national and/or regional coordinating counsel services provide a broad range of assistance including coordination of experts.

Representative Clients

The group represents a broad range of clients in a variety of industries, including retailers, insurance companies, manufacturers, local banks and lending institutions, regional franchisors, international long-haul trucking companies, commercial transportation insurers and local short-haul private carriers. Included among these clients are Liberty Mutual Insurance Group; CNA Insurance Company; Louisville Gas & Electric Company, Kentucky Utilities Company; Brown & Williamson Tobacco Corporation; Swift Transportation Company, Inc.; United Parcel Service, Inc.; Cunningham Lindsey; Great West Casualty Company; American Home Products, Inc.; Tri-Health; Bethesda Hospital; Good Samaritan Hospital; University Hospital - University of Cincinnati; Health Alliance of Greater Cincinnati; Kentucky League of Cities; Electric Insurance Company; Challenger Lifts; Allied Systems, Ltd.; Lowe's Home Centers, Inc.; Federated Department Stores, Inc.; The Rouse Companies; Crawford & Company; OneBeacon Insurance Group; ACE American Ins. Company; Chartis Insurance; Progressive Insurance Group; Zurich Insurance Company; Wausau Insurance Company; Indiana Insurance Company; Encompass Insurance Company; Royal and SunAlliance USA; Electric Insurance Company and Century Insurance Group.

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