Tennessee Insurance Litigation Blog

Tennessee Insurance Litigation Blog

Legal insights on insurance litigation in the State of Tennessee

The Policyholder’s Perspective from
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. Read More
The Insurance Company’s Perspective from
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 & Burrow, PLLC, focuses on the representation of insurers. Read More

Category Archives: Application Misrepresentations

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SUIT AGAINST US CLAUSE APPLIES TO ALL CLAIMS INCLUDING FAILURE TO PROCURE

Posted in Agent Involvement, Application Misrepresentations, Coverage Issues, Litigation Tactics
The Court of Appeals recently issued its opinion in Maples v. Tennessee Farmers Mutual Insurance Co., E2015-00285-COA-R3-CV (Tenn. Ct. App. 2015). The Maples case dealt with fire damage to the Maples’ home in Crossville, Tennessee, insured with Tennessee Farmers Mutual Insurance Company.  Coverage was denied on August 26, 2013.  Suit was filed on August 6, 2014,… Continue Reading

Morrison v. Allen, Part II

Posted in Application Misrepresentations
Yesterday I wrote about the February 2011 landmark decision of the Tennessee Supreme Court in Morrison v. Allen.  There was one relatively minor point concerning an alleged misrepresentation in an application that grabbed my attention.  In Morrison, the insurance company denied Ms. Morrison’s claim for life insurance benefits based on alleged misrepresentations of her husband… Continue Reading

Misrepresentation on Application Concerning Ownership of Property Voids Policy

Posted in Application Misrepresentations
On April 30, 2009, the Tennessee Court of Appeals issued yet another opinion on the topic of misrepresentations on insurance applications.  The case is Tennessee Farmers Mut. Ins. Co. v. Farrar (view slip opinion here).  First, it should be noted that T.C.A. 56-7-103 provides that a misrepresentation on an application voids the policy if (1)… Continue Reading