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: Consumer Protection Act

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Farm Bureau’s “Take It or Leave It Offer” Determined to be Unfair Claims Practice

Posted in Bad Faith, Consumer Protection Act
In Brooks v. Tenn. Farmers Mut. Ins. Co., 2014 Tenn. App. LEXIS 776 (Tenn. Ct. App. Nov. 26, 2014), an insured’s home was damaged by a tornado and an independent adjuster hired by the insurance company offered the homeowner $56,788 to resolve the claim. The homeowner disagreed with the estimate and refused to settle the claim… Continue Reading

Tennessee Legislature Restricts Application of Consumer Protection Act, Overruling Myint v. Allstate

Posted in Bad Faith, Consumer Protection Act
On April 29, 2011, the Tennessee legislature adopted House Bill 1189 was enacted into law and signed by Governor Haslam. Public Chapter No. 130 will be codified in Tennessee Code Annotated, Title 56, Chapter 8, Part 1. The signed law is available by clicking here. The law amends Title 56 related to insurance business acts and… Continue Reading

Discovery in Bad Faith and Consumer Protection Act Cases, Part I

Posted in Bad Faith, Consumer Protection Act, Discovery
In bad faith and Tennessee Consumer Protection Act cases, I routinely run into work product objections during discovery. Often these objections are made even as to reports and documents generated before the claim was denied. I believe work-product objections as to pre-denial materials are improper. As we know, Rule 26.02(3) protects against disclosure of materials… Continue Reading

What Does a Mercedes-Benz Have to Do with Insurance Litigation?

Posted in Consumer Protection Act
The Tennessee Court of Appeals, Eastern Section, issued a new opinion yesterday interpreting the Tennessee Consumer Protection Act.  The case, Timoshchuk v. Long of Chattanooga Mercedes-Benz et al (.pdf), arose from a Mercedes dealer’s sale of a "new" Mercedes which turned out to be not so new.  A few months after purchasing his shiny new… Continue Reading

The Tennessee Supreme Court’s Treatment of Tennessee Consumer Protection Act Claims in the Insurance Setting

Posted in Consumer Protection Act
 I ran across a good article (pdf) this evening by Robins H. Ledyard entitled Treatment of Insurance Claims under Tennessee Consumer Protection Act.  Published in the Federation of Regulatory Counsel Journal in the Fall of 2008, the article gives a short synopsis of our Supreme Court’s analysis of TCPA claims in the insurance setting.  Although… Continue Reading

A Word About the Crossley Decision

Posted in Consumer Protection Act
On the topic of whether independent adjusters should be held liable under the Tennessee Consumer Protection Act (see my prior post here and Parks’ rebuttal here), a case commonly cited by defendant insurance companies and adjusters is Crossley Const. Corp. v. National Fire Ins. Co. of Hartford, 237 S.W.2d 652 (Tenn. Ct. App. 2007).  Although Crossley… Continue Reading

Independent Adjusters Can Be Held Liable for Violations of the Tennessee Consumer Protection Act

Posted in Bad Faith, Consumer Protection Act
Magistrate Ed Bryant (W.D. Tenn.) recently issued a Report and Recommendation in one of my cases in which he held that Tennessee law allows an independent adjuster to be held liable under the Tennessee Consumer Protection Act.  The defendant independent adjuster argued that my client failed to state a claim under the TCPA because the… Continue Reading