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

Monthly Archives: March 2010

Cowpokes and Deductibles

Posted in Claim Tips
I recently resolved a case that I thought was interesting for this day and age, particularly here in Tennessee. Here’s the scenario – an insured claims to have had cattle stolen from him on multiple occasions, but by the same person – yes, you guessed it, the “cowpoke” in our story.  It seems that our “cowpoke”… Continue Reading

Examinations under Oath and Recorded Statements – Are They the Same Thing?

Posted in Examinations Under Oath
"Examinations under oath" and "recorded statements" are not the same thing.  A recorded statement is usually taken within a few hours or days after the loss, and is typically taken by an adjuster.  The questions asked are usually standard in nature, often asked verbatim from a written form, and the whole process customarily takes only… Continue Reading

What is an Examination Under Oath?

Posted in Examinations Under Oath
What is an Examination Under Oath?             The number one trigger that drives clients to my office is that dreaded letter from some fancy law firm, usually with lots of names at the top of the letterhead, that directs the insured to show up at a designated time and place for an “examination under oath.”  … Continue Reading