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: Tennessee bad faith lawyer

Wildfires and Soot Testing

Posted in Claim Tips
As many victims of the East Tennessee wildfires are working through the claim process, this seems to be a good time for a quick word about soot testing.  Smoke and soot from the wildfires likely affected hundreds of property owners whose properties were never touched by an actual flame.  Even with no actual fire damage, the infiltration… Continue Reading

What is an Examination Under Oath?

Posted in Examinations Under Oath
If you’re reading this blog, chances are you (or someone you represent) has been requested to submit to an examination under oath by your insurance company’s attorney.  This process can be intimidating and confusing.  I field a lot of questions from insureds, public insurance adjusters, and attorneys about examinations under oath (“EUOs”).  As a general… Continue Reading

When it Comes to Insurance Policies, There is No Difference in Cosmetic Damage and Functional Damage

Posted in Coverage Issues, Litigation Tactics, Miscellaneous
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… Continue Reading

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