2015

In the past, I’ve posted a few articles regarding the recent trend of insurers to attempt to deny hail damage claims on the basis that the damage is “cosmetic” rather than “functional.”  Most commonly, the issue arises when there are hail dents to a metal roof and the insurance company denies the claim on the…

In the most recent statement by the Commissioner of Insurance regarding insurance companies’ marketshare of homeowners’ policies in Tennessee, it appears that there are two primary players – State Farm and Farm Bureau (Tennessee Farmers Mutual Insurance Company).  State Farm leads the way with a market share of 25%, with Farm Bureau second at 19%.  …

The Court of Appeals recently issued its opinion in Maples v. Tennessee Farmers Mutual Insurance Co., E2015-00285-COA-R3-CV (Tenn. Ct. App. 2015). The Maples case dealt with fire damage to the Maples’ home in Crossville, Tennessee, insured with Tennessee Farmers Mutual Insurance Company.  Coverage was denied on August 26, 2013.  Suit was filed on August…

Tennessee has a statute, T.C.A. § 56-7-130, concerning insurance company requirements with respect to providing sink hole coverage and handling sink hole claims.   The statute was recently amended, and prior to July 1, 2014, was the subject of much litigation.  At issue was whether the statute requiring insurance carriers to “make available” sink hole coverage …

On April 6, 2015, the Tennessee Court of Appeals (Western Section), decided the case of Daniel v. Allstate, No. W2014-01965-COA-R3-CV (download copy here).  In this case, the trial court had granted summary judgment to an insurer based upon the one-year contractual limitations period under the policy.  Factually, the subject property was damaged by fire…