Ok, so this really has nothing to do with insurance. But my firm, Gilbert Russell McWherter PLC, just launched our new website. Check it out here. The update has been long overdue.
2011
The Proper Scope of Appraisal – Thoughts from the Battlefield
By Brandon McWherter on
Posted in Claim Tips
In Parks‘ last post, "What is the Proper Scope of Appraisal in Tennessee?", he pointed out the Merrimack decision in which the Court of Appeals held that appraisal is not appropriate for decisions regarding coverage and liability. In considering my response, I spoke with Chuck Howarth, who is part of The Howarth…
What is the Proper Scope of Appraisal in Tennessee?
By Parks Chastain on
Posted in Claim Tips
In the past ten (10) years, we have seen much litigation arise concerning the proper scope of the appraisal clause. Although different policies have different provisions, the “gist” of an appraisal clause can be seen in the following policy provision:
Appraisal
If we and you disagree on the amount of loss, either may make written …
A Follow Up to the Question of When Post-Loss Misrepresentations are Material
By Brandon McWherter on
Posted in Post-Loss Misrepresentations
There are a few issues here that need to be clarified for our insureds out there who may be dealing with an insurance company making accusations of misrepresentations. First, the rules are different depending on whether the alleged misrepresentation occurred before the loss or after the loss. The one I see more often is the…
Response to a Reader’s Question – What Types of Post-Loss Misrepresentations Are Material?
By Parks Chastain on
Posted in Post-Loss Misrepresentations
Thanks to a reader who submitted this question – what types of misrepresentations are material in that the insurer would be entitled to deny coverage if these misrepresentations were made? I presume the question was posed because of provisions existing in most insurance policies which indicate the policy is void “if you or any …
The End of the Consumer Protection Act in Insurance Cases
By Brandon McWherter on
Posted in Bad Faith, Consumer Protection Act
This will probably come as no surprise to most but my feelings concerning the legislature’s recent removal of the insurance industry from the protection of the Tennessee Consumer Protection Act are pretty strong. I called every member of the legislature I knew, and some I didn’t, in an attempt to stop the bill. But there…
Tennessee Legislature Restricts Application of Consumer Protection Act, Overruling Myint v. Allstate
By Parks Chastain on
Posted in Bad Faith, Consumer Protection Act
On April 29, 2011, the Tennessee legislature adopted House Bill 1189 was enacted into law and signed by Governor Haslam. Public Chapter No. 130 will be codified in Tennessee Code Annotated, Title 56, Chapter 8, Part 1. The signed law is available by clicking here.
The law amends Title 56 related to insurance business acts…
Morrison v. Allen, Part III
By Brandon McWherter on
Posted in Agent Involvement
This is the third installment of my recent discussion of the Morrison v. Allen decision. Assume these facts (a skeletal version of the facts in Morrison): John Doe requests life insurance from his insurance agent in the amount of $1,000,000. A policy is issued, but a claim by John’s wife, Jane, for benefits under…
Morrison v. Allen, Part II
By Brandon McWherter on
Posted in Application Misrepresentations
Yesterday I wrote about the February 2011 landmark decision of the Tennessee Supreme Court in Morrison v. Allen. There was one relatively minor point concerning an alleged misrepresentation in an application that grabbed my attention. In Morrison, the insurance company denied Ms. Morrison’s claim for life insurance benefits based on alleged misrepresentations of…
Tennessee Supreme Court Redefines the Law of Insurance Agent Liability
By Brandon McWherter on
Posted in Agent Involvement
On February 16, 2011, the Tennessee Supreme Court rendered a landmark decision concerning insured’s rights to pursue claims against their insurance agents for failure to procure appropriate insurance. The case is Morrison v. Allen, and can be found here.
In Morrison, the basic facts were that Mr. and Mrs. Morrison obtained…