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August 2010
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 …