In Montesi v. Nationwide Mut. Ins. Co., 970 F. Supp.2d 784 (W.D. Tenn. Aug. 8, 2013), the United States District Court for the Western District of Tennessee allowed a policyholder’s claim for punitive damages to proceed, holding that punitive damages are recoverable in a stand-alone claim for negligence infliction of emotional distress. Ms. Montesi
August 2014
New Hampshire Ins. Co. v. Blackjack Cove, LLC, Part III
By Brandon McWherter on
Posted in Coverage Issues, Valuation Issues
This is my last post on Judge Sharp’s recent decision in New Hampshire Ins. Co. v. Blackjack Cove, LLC (the opinion can be viewed here) – – unless Parks decides to pick a fight with me about the case. In this installment, I’m going to focus on a small section of the opinion involving…
New Hampshire Ins. Co. v. Blackjack Cove, LLC, Part II
By Brandon McWherter on
Posted in Coverage Issues
Yesterday I commented on Judge Sharp’s denial of the insurer’s motion for summary judgment on the policyholder’s bad faith claim in New Hampshire Ins. Co. v. Blackjack Cove, LLC, but there was another gold nugget in his opinion as well. The basic facts of the case were that Blackjack Cove (a marina on Old Hickory…
Tennessee Federal Court Denies Motion for Summary Judgment as to Bad Faith Claim
By Brandon McWherter on
Posted in Bad Faith
In a recent opinion by the U.S. District Court for the Middle District of Tennessee, Judge Sharp denied an insurance company’s motion for summary judgment seeking dismissal of an insured’s claim for statutory bad faith. The case is New Hampshire Ins. Co. v. Blackjack Cove, LLC, 2014 U.S. Dist. LEXIS 40122 (M.D. Tenn. March 26,…