I just learned today that our blog, just under a year old, has been nominated as one of the top 50 insurance blogs. The LexisNexis Insurance Law Community publishes the list each year. Although its a bit late to ask all of you to send in positive comments to the folks at Lexis who decide
2010
Supplemental Claims and Reopen Claims – Is There a Difference?
Shaun Marker and Jeremy Tyler, attorneys at Merlin Law Group in Florida, recently posted a pair of blog posts – here and here — regarding the difference between "supplemental" claims and "reopen" claims. Indeed, there is a difference, and Shaun and Tyler did a good job showing why. The distinction is especially relevant here in…
Can An Insurance Company “End Around” the Innocent Spouse Doctrine . . . Maybe Not
Yesterday, I wrote a bit about the recent Tuturea v. Tennessee Farmers Mutual Insurance Company case that was decided last week by the Western Section of the Court of Appeals. Remember, this is the case where the plaintiff’s allegedly insane husband set fire to the house in an unsuccessful effort to commit suicide. I saved…
The “I’m Too Crazy To Intentionally Burn My House” Defense – Is it Viable in Tennessee?
The Tennessee Court of Appeals released Tuturea v. Tennessee Farmers Mutual Insurance Company on June 29, 2010. Its certainly an interesting opinion, although a bit long for fun reading (29 pages). The basic facts are this. Mr. Tuturea suffered from terminal cancer, and set fire to his house in an unsuccessful attempt to commit suicide.
Delay, Deny, Defend
Delay, Deny, Defend – Why Insurance Companies Don’t Pay Claims and What You Can Do About It. No, that’s not the theme of a bad faith trial. Its the title of Professor Jay M. Feinman’s new book that chronicles the bad faith practices of insurance companies. Several months back, the book’s publisher, Penguin, provided me…
Gilbert Russell McWherter PLC Launches New Website Concerning Flood Insurance and Related Matters
Today my law firm launched a new website, www.tnfloodclaims.com, which we will use to try to address many of the issues affecting people affected by the recent floods. We’ve included some information about negligence claims against insurance agents, some basic tips for making a flood insurance claim, and other information we hope policyholders will…
What Is a Public Adjuster – Can They Help?
With the flood waters receding, public adjusters are finding plenty of business. Many people have a misconception that public adjusters work for the insurance company, but the opposite is true. Public adjusters are licensed professionals who are employed exclusively by policyholders who have sustained a loss. Very simply, their job is to work with the…
But I Thought I Had Flood Insurance . . . Is My Agent Responsible?
Over the past couple of days, that’s a phrase I’ve heard several times, and its an issue that raises an interesting question — Are insurance agents potentially liable for the flood damage suffered by Tennessee residents across the state? I think the answer is yes.
This is really a more complicated question than one…
Documenting Your Flood Claim – A First Hand Perspective
My home and garage were victim to the flood also, but we were much more fortunate than our neighbors, whose homes were totally destroyed. Those of us who work with insurance take much knowledge for granted. But, many people have had a tough time finding information, and have had to act without direction from anyone just to …
Tips for Filing a Flood Insurance Claim
FEMA has published several tips for filing a flood insurance claim that can be accessed here and here. Be sure to note that a proof of loss must be submitted within sixty days. It also has a brochure that addresses common myths about the NFIP (National Flood Insurance Program) that can be downloaded here.