Yesterday, the Court of Appeals issued yet another decision concerning when a lawsuit must be filed in order to be timely. In a well-reasoned and fair opinion authored by Judge Gibson, the Court of Appeals made clear once again that the question of when a claim accrues is fact intensive and requires a knowledge and
November 2015
SUIT AGAINST US CLAUSE APPLIES TO ALL CLAIMS INCLUDING FAILURE TO PROCURE
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…
“MAKE AVAILABLE” DOES NOT REQUIRE INSURERS TO OFFER SINKHOLE COVERAGE
By Parks Chastain on
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 …