An insurer’s violation of the UCSPA creates a cause of action both for the insured as well as for those who have claims against the insureds, and the same standard applies -in both types of cases. Phelps, 680 F.3d at 731 (citing Motorists Mut. Ins. Co. v. Glass, 996 S.W.2d 437, 454 (Ky.1999)); see also Davidson v. Am. Freightways, Inc., 25 S.W.3d 94, 100 (Ky.2000) (stating that there is one test for bad faith in Kentucky, which applies equally to bad faith claims brought by first- or third-parties). KUCSPA requires an insurance company “to deal in good faith with a claimant, whether an insured or a third-party, with respect to a claim which the insurance company is contractually obligated to pay.” Davidson, 25 S.W.3d at 100 (emphasis omitted); see also Reeder, 763 S.W.2d at 118 (<HOLDING>). The duties imposed by KUCSPA on an insurer to
holding that the governments cooperation with a thirdparty is not sufficient to establish a thirdparty beneficiary relationship holding that a contracts indemnification clause which did not contain an express limitation to thirdparty claims should be read in conjunction with a separate contract clause that stated that a partys liability for thirdparty claims should be limited to indemnification holding thirdparty claims may be premised upon a violation of kucspa holding that thirdparty indemnity claims are not premature holding that coverage could not be premised upon theories of negligence in the underlying complaint where based upon numerous acts of molestation that could not be deemed negligent acts