Tennessee “bad faith” law has long held that the statutory “bad faith penalty” set forth in T.C.A. 56-7-105 is not appropriate when the insurer’s refusal to pay rests upon legitimate and substantial legal grounds or when the payment demand is greater than the judgment ultimately recovered.  Tyber v. Great Central Ins. Co., 572 F.2d 562 (6th Cir. 1978). More and more, we see allegations of “bad faith” made when all that really exists is a simple, but legitimate, disagreement on the cause of loss or the provisions of coverage.  It’s refreshing when a court recognizes this should not constitute “bad faith.”  After all, denial of an insurance claim should not be viewed as a matter of almost strict liability, but rather something more than a mere disagreement.  As one court noted:

there can be disagreements between insurer and insured on a variety of matters such as insurable interest, extent of coverage, cause of loss, amount of loss, or breach of policy conditions…

 without there being “bad faith.” Cole v. Shelter Mut. Ins. Co., 2014 WL 5018591, 2 (W.D.Okla.,2014).  In the case, relying on two roofing evaluations, the carrier denied coverage. The Court noted that their opinion that plaintiff’s roof damage was a:

reasonable and legitimate basis for denying plaintiff’s claim. Further, the fact that plaintiff has a differing opinion about the damage on his roof from an independent roofer is not evidence that defendant acted in bad faith, but is only evidence that there is a legitimate dispute between the parties regarding the damage to plaintiff’s roof. Accordingly, the Court finds that defendant is entitled to summary judgment on plaintiff’s bad faith claim.

Cole, 2014 WL 5018591 at 3.  Three cheers to the Court! 

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Photo of Parks Chastain Parks Chastain

Parks T. Chastain is a member of the law firm of Brewer Krause Brooks Chastain & Meisner, PLLC. He graduated from the University of Louisville, where he earned a B. S. in Sociology, awarded with high honors, in 1986. He earned his J.

Parks T. Chastain is a member of the law firm of Brewer Krause Brooks Chastain & Meisner, PLLC. He graduated from the University of Louisville, where he earned a B. S. in Sociology, awarded with high honors, in 1986. He earned his J. D. also at the University of Louisville, Brandeis School of Law, where he graduated cum laude. He served as editor of the Journal of Law & Education, was a two year member of the National Moot Court Team, and a member of the prestigious Brandeis Society. He was admitted to the Tennessee Bar in 1989.

Mr. Chastain represents insurers on a state and national basis in the investigation of first party claims, and in litigation arising from first party and third party coverage disputes. Read More…