The Occupational Safety and Health Act was signed into law in 1970 by President Nixon, and the Occupational Safety and Health Administration (OSHA) was simultaneously created to implement, administer, and enforce its requirements. OSHA’s mission is to “assure safe and healthy working conditions for working men and women by setting and enforcing standards and by
Miscellaneous
Okay, So It’s Not Strictly Coverage, But You “Gotta” Know About Medical Expenses…
We don’t usually post liability related matters on this blog, but every once and a while there is a ruling that warrants mention. That ruling was issued today by the Tennessee Supreme Court in Dedmon v. Steelman W2015-01462-SC-R11-CV (click on case for full copy of opinion). While I may disagree with the result, it is…
2017 TENNESSEE UNFAIR CLAIMS PRACTICES REGULATIONS
On July 11, 2017, the Tennessee Department of Commerce and Insurance filed the final version of new regulations governing the investigation and disposition of claims arising under certain types of insurance issued to residents in Tennessee. These regulations will take effect October 9, 2017. These regulations are not intended to cover claims involving workers’ compensation…
When is Overhead and Profit Due in Tennessee?
Several years ago I discussed a Sixth Circuit Court of Appeals case where the court determined that general contractor’s Overhead and Profit were recoverable if the insured would “reasonably be expected to hire a contractor to repair its property” See Parkway Assoc., LLC v. Harleysville Mut. Ins. Co., 129 Fed. Appx. 955 (6th Cir.…
What Do You Mean I Have to Cooperate?
When you file an insurance claim, your insurance company will almost always request a significant amount of information from you. Depending on the type of loss you have suffered, this type of information can typically include an estimate of your damages, an inventory if you had business or personal property coverage, and a litany of…
Insurance Companies Bear the Burden of Proving Arson
Back in November 2013, I had the great honor to represent Larry and Sue Banks in their case against Cincinnati Insurance Company. My partner, Clint Scott, and I presented the case to a federal jury and after deliberations, the jury returned a verdict for more than $2.2 million. The insurance company accused the Banks of…
When it Comes to Insurance Policies, There is No Difference in Cosmetic Damage and Functional Damage
In the past, I’ve posted a few articles regarding the recent trend of insurers to attempt to deny hail damage claims on the basis that the damage is “cosmetic” rather than “functional.” Most commonly, the issue arises when there are hail dents to a metal roof and the insurance company denies the claim on the…
Insurers’ Marketshare in Tennessee
In the most recent statement by the Commissioner of Insurance regarding insurance companies’ marketshare of homeowners’ policies in Tennessee, it appears that there are two primary players – State Farm and Farm Bureau (Tennessee Farmers Mutual Insurance Company). State Farm leads the way with a market share of 25%, with Farm Bureau second at 19%. …
TN Farm Bureau Changes its Coverage on Roof Claims
I recently learned that Tennessee Farmers Mutual Insurance Company (Farm Bureau) has changed the way it will pay roof claims. Specifically, a recent endorsement changes roof coverage to actual cash value for roofing materials instead of replacement cost. This means that roof materials will be depreciated in the event of a roof claim. For example…
Legislative Reaction To Recent Court Decisions
In response to a couple of cases rendered earlier this year, the Tennessee legislature has adopted Senate Bill 2271, which has two important impacts. The statute was signed into law by Governor Haslam on May 10, 2012. For a PDF copy, click here.
The new law provides that the signature of an applicant for or party …