Consider this scenario – – Jane Doe insures her home for $100,000, with a $1,000 deductible. Unfortunately, Jane’s house burns to the ground and is undeniably a "total loss" within the meaning of Tennessee’s valued policy statute (click here for a prior post on when a loss should be considered a "total loss"). After months
2010
Use of Social Networking Evidence in Insurance and Workers’ Compensation Litigation
By Parks Chastain on
Posted in Discovery, Litigation Tactics
Two of our readers from Minnesota, Gregory M. Duhl (Associate Professor of Law at William Mitchell College of Law) and Jaclyn Millner (of Fitch, Johnson, Larson & Held, P.A.) have recently posted a draft of an article (to be published in the Pace Law Review) on the use of social networking evidence in insurance …
Tennessee Hospital Lien Does Not Attach to Medical Payment Benefits
By Parks Chastain on
Posted in Miscellaneous
In Shelby County Health Care Corporation d/b/a Regional Medical Center v. Nationwide Mutual Insurance Company, the Tennessee Supreme Court held that the statutory hospital lien act does not attach to medical payment benefits paid pursuant to an insurance policy. In this case, the “Med” attempted to recover the full amount of its medical treatment…
Should Sales Tax Be Included When Calculating Insured Losses?
By Brandon McWherter on
Posted in Valuation Issues
Chip Merlin, in his Property Insurance Coverage Law Blog, commented a few days ago about a recent case out of Washington, Holden v. Farmers Insurance of Washington, 2010 WL 3504821 (Wash. Sept. 10, 2010). The issue there was whether sales tax should be included in insurers’ calculations of actual cash value and replacement…
Agent Potentially Responsible For Failing to Insure to Value
By Parks Chastain on
Posted in Valuation Issues
One of the most commented upon topics presented by this Blog has been the question of co-insurance, or insurance to value, and where liability lies when there in an improper valuation. Although not specifically dealing with co-insurance, I commend to your reading the case of English Mountain Retreat, LLC. et. al. v. Suzanne Crustenberry-Greg, et.
Tennessee Insurance Litigation Blog Honored as One of the Top 50 Insurance Blogs
By Brandon McWherter on
Posted in Miscellaneous
“top 50 insurance blogs” “LexisNexis Insurance Law Community” Tennessee insurance claims…
Continue Reading Tennessee Insurance Litigation Blog Honored as One of the Top 50 Insurance Blogs
Discovery in Bad Faith and Consumer Protection Act Cases, Part I
By Brandon McWherter on
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…
Answering Questions Posed About Valuation for Purposes of the Co-Insurance Penalty
By Parks Chastain on
Posted in Claim Tips
We have had some excellent comments and questions on the topic of co-insurance, and specifically whether there can be any “iron-clad” or “black and white” rules as to who is responsible for any undervaluation. Obviously, the readers are concerned as to who, between the applicant/insured and the agent or company, should be held responsible for …
The “Draft” expert report – is it still discoverable in federal court?
By Parks Chastain on
Posted in Litigation Tactics
The U.S. Supreme Court has apparently approved changes to the rules governing expert discovery in federal court. These changes are set to take effect December 1, 2010. The most interesting, and the one drawing attention at this time, is the Supreme Court‘s exempting of drafts of expert reports from discovery. The Committee on Rules of Practice and …
Innocent Spouse – What has the Tennessee Supreme Court signaled with respect to the innocent spouse or innocent co-insured doctrine?
By Parks Chastain on
Posted in Claim Tips
Brandon has written a couple of excellent posts on the recent Tennessee Court of Appeals opinion of Tuturea v. Tennessee Farmers Mutual Insurance Company and whether the opinion calls the ability of an insurer to “end-around” (as he puts it) the innocent spouse or innocent co-insured doctrine.
I think we must look to …