Jill F. Endicott

Experience

Appellate Counsel in High Profile Litigation Involving Personal Guaranties on Failed Real Estate Construction Loans

As counsel to the Kentucky Commissioner of Insurance in his capacity as Liquidator of Kentucky Central Life Insurance Company (KCL), secured reversal of trial court's order denying the enforceability of over $100 million in personal guaranties owed to client, as well as reversal of $ 1 million in discovery sanctions imposed by the trial court against our client and its former law firm. Case was followed closely by press due to involvement of prominent real estate developers and serious implications for all creditors and shareholders of KCL.

Continued representing Liquidator of KCL upon remand in what became the largest continuous lawsuit of that $1 billion statutory insolvency. After several years of litigation, the case was resolved by confidential settlement.

Commissioner of Insurance, Janie A. Miller, in her capacity as Liquidator of Kentucky Central Life Ins. Co. v. Webb, Nos. 1998-CA-2487-MR, 2000-CA-0039-MR, 2000-CA-0212-MR, 2000-CA-2619-MR, 2000-CA-2638-MR, 2002 Ky. App. LEXIS 1462 (Ky. App. July 12, 2002).  Click HERE to view the decision.

Recovery of Substantial Funds in Commercial Transaction, Breach of Contract

As counsel to the Kentucky Commissioner of Insurance in his capacity as Liquidator of Kentucky Central Life Insurance Company (KCL), served as lead counsel to the Liquidator of KCL in extensive litigation against the Bank of Louisville involving a series of complex commercial transactions and claims for breach of contract through the course of summary judgment proceedings, settlement negotiations, and mediation. After years of opponent’s vigorous litigation to aggressively oppose our client’s claims, settlement of case to recover $27 million for our client.

Defense of Toxic Tort and Environmental Action

Successfully defended several manufacturers in toxic tort litigation and continue to serve as common counsel to over 40 potentially responsible parties (PRPs) to defend claims for alleged groundwater contamination by Kentucky Energy and Environment Cabinet. Negotiated resolution with Cabinet on behalf of 40 PRPs to monitor site for next 12 years pursuant to negotiated Agreed Order and Operations & Management Plan.

Bulk Terminals/George O’Bryan v. Atlantic Richfield, No. 2005-CA-002448-MR, 2007 Ky. App. LEXIS 78 (Ky. App. March 9, 2007). Click HERE to view the decision.

Defense of Toxic Tort Lawsuits

Worked on defense team of Fortune 300 company in toxic tort cases of national importance regarding eastern Kentucky Superfund site. Wrote briefs leadings to complete dismissals and establishing significant defense precedents in federal cases regarding the statute of limitations, discovery rule, and enforceability and interpretation of terms of releases in toxic tort actions.

Blanton v. Cooper Industries, Inc., 99 F.Supp.2d 797 (E.D. Ky. 2000). Click HERE to view the decision.
Luttrell v. Cooper Industries, Inc., 60 F.Supp.2d 629 (E.D. Ky. 1998). Click HERE to view the decision.

Secured Final Dismissal in Lawsuits Against Former Kentucky Commissioners of Insurance

Defended four former officers of the Liquidation of Kentucky Central Life Insurance Company, including three former Kentucky Commissioners of Insurance, in lawsuits filed against them personally seeking punitive damages for breach of fiduciary duty and wrongful use of civil proceedings. Secured rulings of final dismissal as matter of law in two suits and dismissal without payment in others.

Appellate Counsel to Kentucky Bankers Association on Issue of State Agency’s Statutory and Regulatory Authority

Represented nominal party on behalf of interests of Kentucky Bankers Association before Kentucky Supreme Court regarding scope of authority of Kentucky Department of Financial Institutions to grant geographic charters to state credit unions.

Members Choice Credit Union v. Home Federal Savings & Loan Association, 323 S.W.3d 658 (Ky. 2010). Click HERE to view the decision.

Appellate Counsel in FELA Action

Successfully litigated appeal in FELA action, protecting defense verdict at trial. Appeal involved numerous evidentiary issues, including regarding proper scope, subject, and admissibility of fact witness and expert testimony.

Rossi v. CSX Transp., Inc., __ S.W.3d __, 2010 Ky. App. LEXIS 233, 2010 WL 5128637 (Ky. App. 2010). Click HERE to view the decision.

Defense of Asbestos Litigation for Past 17 Years

Defend all lawsuits filed against Metropolitan Life Insurance Company in Kentucky based upon its alleged fraudulent concealment of the harmful effects of asbestos in the 1920s and 1930s. Have settled and dismissed hundreds of Kentucky lawsuits filed since the inception of litigation against Metropolitan Life in Kentucky in early 1990s.

Appellate Counsel to Manufacturer in Precedent-Setting Case Regarding Scope of Manufacturer’s Liability Under Doctrine of Equitable Estoppel

Successfully defended equipment manufacturer through appeal, establishing significant favorable precedent in product liability law in Kentucky regarding application of doctrine of equitable estoppel and statute of limitations discovery rule.

Fluke, Inc. v. LeMaster, 306 S.W.3d 55 (Ky. 2010). Click HERE to view the decision.