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

Tag Archives: actual cash value

MS Insurance Commissioner Issues Bulletin Regarding Labor Depreciation

Posted in Claim Tips, Coverage Issues, Valuation Issues
This past Friday (Aug. 4, 2017), Mississippi’s Insurance Commissioner, Mike Chaney, issued a bulletin that alerts insurers that they should not be depreciating labor in Mississippi unless policy language clearly allows it, and even then, estimates must clearly delineate that labor was depreciated.  I’ve quoted the bulletin below: It is the purpose of this Bulletin… Continue Reading

When is Overhead and Profit Due in Tennessee?

Posted in Coverage Issues, Miscellaneous, Uncategorized, Valuation Issues
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. 2005).… Continue Reading

TN Farm Bureau Changes its Coverage on Roof Claims

Posted in Miscellaneous
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,… Continue Reading

Policy Language Often Provides Valuation Measure

Posted in Valuation Issues
While I acknowledge Clift v. Fulton Fire Insurance Company, 315 S.W.2d 9 (Tenn. Ct. App. 1958), cert. denied, provides a rule for allowing valuation of property under a somewhat “elastic” standard of “value to the owner,” this ambiguous standard should not apply where the valuation provisions of property coverage are specifically set forth in the… Continue Reading

Tennessee’s Elusive Standard for Valuing Household Personal Goods

Posted in Valuation Issues
A common question around my office is, “How do I know what values to claim for my personal goods?”  Fortunately, a 1958 Tennessee Court of Appeals opinion provides the answer, but it is not one that is widely disseminated by adjusters to policyholders.  In Tennessee, household goods, furniture, clothing and other articles acquired for personal… Continue Reading