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%.
Brandon McWherter
Another Appellate Opinion Regarding the Timeliness of a Lawsuit
By Brandon McWherter on
Posted in Claim Tips, Litigation Tactics
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…
Another Court Allows Punitive Damages Claim to Proceed
By Brandon McWherter on
Posted in Bad Faith
In June of this year, Judge Tom Anderson joined the ranks of other judges in Tennessee that have held that punitive damages can be awarded against an insurance company for breach of an insurance contract, if the breach was intentional, malicious, reckless, or malicious. The case was Carroll v. Nationwide Property & Casualty Company,…
Sixth Circuit Holds that Demolition Can Trigger Application of the Valued Policy Law
By Brandon McWherter on
Posted in Valued Policy Law
Farm Bureau’s “Take It or Leave It Offer” Determined to be Unfair Claims Practice
By Brandon McWherter on
Posted in Bad Faith, Consumer Protection Act
In Brooks v. Tenn. Farmers Mut. Ins. Co., 2014 Tenn. App. LEXIS 776 (Tenn. Ct. App. Nov. 26, 2014), an insured’s home was damaged by a tornado and an independent adjuster hired by the insurance company offered the homeowner $56,788 to resolve the claim. The homeowner disagreed with the estimate and refused to settle…
The Law of Matching in Tennessee
By Brandon McWherter on
Posted in Claim Tips, Coverage Issues
A hail storm hits a shingled roof, but only damages a handful of shingles. Unfortunately, the shingles on the roof are no longer manufactured, which would result in a mismatched checkerboard of colors on the roof if only the few damaged shingles were replaced. In those circumstances, is the insurance company obligated to replace the…
Cosmetic Damage – Honest Disagreement or Reckless Misbehavior?
By Brandon McWherter on
Posted in Bad Faith, Coverage Issues
Insurance companies are increasingly denying claims based on engineering reports that there is “no functional damage” (damage which impairs the functionality of the roof) and that the damage is “cosmetic only.” For example, if a hail storm comes through and wreaks havoc on a metal roof to a home, it might still be functional even…
Tennessee Federal Court Allows Claim for Punitive Damages Against Insurer to Proceed
By Brandon McWherter on
Posted in Bad Faith, Litigation Tactics
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…
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…