The Tennessee Insurance Litigation Blog offers legal insights on insurance litigation in Tennessee from a pair of attorneys on both sides of the discussion.

Brandon McWherter, a partner at Gilbert Russell McWherter Scott Bobbitt PLC, provides the policyholder’s perspective. Parks T. Chastain, a member in the Nashville-based firm Brewer, Krause, Brooks & Chastain, PLLC, offers the insurance company’s perspective.

About Parks T. Chastain of Brewer, Krause, Brooks & Chastain, PLLC

Parks T. Chastain, a member in the Nashville, Tennessee law firm of Brewer, Krause, Brooks & Chastain, PLLC, focuses on the representation of insurers on a state and national basis. Mr. Chastain represents insurers in the investigation of first party claims, and in litigation arising from first party and third party coverage disputes. He has been involved in litigation dealing with first party policy interpretation, claims handling practice and procedures, bad faith and extra-contractual exposure, arson, misrepresentation and fraud. He is statewide coverage counsel in Tennessee for many insurers, on both first party and third party coverage matters. He has also consulted with insurance carriers regarding the development and drafting of insurance policy provisions and endorsements, and represented those carriers before state departments of insurance. At a national level, Mr. Chastain has been retained by various carriers to represent them in the cases involving public adjusters and the appraisal process, as well as the investigation of insurance fraud.

Mr. Chastain frequently speaks at industry meetings on topics such as “Avoiding Bad Faith Exposure,” “Public Adjusters,” “The Appraisal Process,” as well as general principles of policy interpretation. He also presents seminars for continuing legal education on topics related to policy interpretation, coverage disputes and bad faith claim litigation. Mr. Chastain has extensive trial experience in first and third party coverage disputes, both in state courts as well as the Federal Court system.

Practice Areas

  • Representation of insurance companies in first party coverage litigation
  • Representation of insurance companies in third party coverage litigation
  • Representation of insurance companies in extra-contractual litigation arising from the handling of both first and third party insurance claims, including claims for “bad faith,” “bad faith refusal to settle,” and violation of consumer protection acts
  • Provision of coverage opinions in first and third party cases
  • Representation of insurance companies in the appraisal process

Professional Associations

  • Tennessee Bar Association
  • Nashville Bar Association
  • National Society of Professional Insurance Investigators

Education

  • University of Louisville/B.S. Sociology with Highest Honors
  • University of Louisville Brandeis School of Law/J.D., cum laude

Bar Admissions

  • State of Tennessee
  • United States District Court for the Eastern District of Tennessee
  • United States District Court for the Middle District of Tennessee
  • United States District Court for the Western District of Tennessee
  • United States Court of Appeals for the Sixth Circuit

 

About Brandon McWherter of Gilbert Russell McWherter Scott Bobbitt PLC

J. Brandon McWherter is a partner at Gilbert Russell McWherter Scott Bobbitt PLC, which has four Tennessee offices in Memphis, Jackson, Nashville, and Chattanooga. He has dedicated his practice to assisting insurance policyholders with their claims against insurance companies, including claims for bad faith and violations of consumer protection statutes. He has handled numerous first-party insurance claims for both consumers and businesses.

Mr. McWherter has been selected by SuperLawyers as a Rising Star every year since 2010 , an honor limited to no more than 2.5% of all lawyers.  Recently, he was also selected by his peers for inclusion in The Best Lawyers in America 2013 in the field of Insurance Law, and is also AV Preeminent Peer Review Rated by Martindale-Hubbell for legal ability and ethical standards.

Mr. McWherter received his law degree from the University of Memphis. While in law school, he was a member of the University of Memphis Law Review, and served on the Editorial Board as Notes Editor. Mr. McWherter has also published two articles in that publication.

Mr. McWherter grew up in rural West Tennessee, and graduated from Union University with a Bachelor of Science in Business Administration. He joined his two good friends, Justin Gilbert and Michael Russell, in 2008 when they formed their present law firm of Gilbert Russell McWherter PLC. Their law firm presently has eight attorneys, and handles all types of litigation for Tennessee workers, consumers and small businesses. The firm has also served as class counsel in numerous consumer class actions and FLSA collective actions.

When not working, you will usually find Mr. McWherter with his wife, Angela, and his two daughters. He is an avid golfer and a lifelong bass fisherman.

Practice Areas

  • Representation of policyholders in claims and litigation against insurance companies
  • Bad faith insurance litigation
  • Consumer class actions

Professional Associations

  • Tennessee Bar Association
  • Tennessee Association for Justice
  • American Bar Association
  • Tort, Trial and Insurance Practice Section
  • American Association for Justice
  • Insurance Law Section
  • Jackson-Madison County Bar Association

Education

  • B.S.B.A. – Union University
  • J.D. – University of Memphis

Bar Admissions

  • Tennessee
  • Sixth Circuit Court of Appeals
  • United States District Court for the Western District of Tennessee
  • United States District Court for the Middle District of Tennessee
  • United States District Court for the Eastern District of Tennessee