2010

 Fifteen or so inches later, the rain has officially stopped.  The entire state breathed a sigh of relief yesterday as the sun started trying to dry things out.  I was one of the lucky ones who didn’t have any damage, but there are thousands of people who have lost personal treasures.  Photographs, antiques . .

Not much legal analysis here but . . . it is coming an absolute flood in West TN.  We’ve got about 6 inches of rain in the past few hours, with that much or more coming over the next 24 hours.  I may have to call in the calvary and get Chip Merlin and company…

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&rdquo…

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.”  …

The facts:  Plaintiff Doe presently  lives in Carroll County, and his fire damaged home was also in Carroll County. Defendant Insurance Company has a claims office in Madison County. Defendant Agent resides in Carroll County, has his principal place of business in Carroll County, but also has a satellite office in Madison County.   Plaintiff…

Insurance litigation requires a lot of briefing so we keep a stash of helpful citations that are often used in our court filings.  An example is the rules that courts must follow when interpreting insurance policies.  These rules of construction can be quite helpful in the right case.  Below are several that insurance practitioners should…