In March 2012, the Tennessee Supreme Court issued a landmark opinion concerning the liabilty of insurers and insurance agents in cases involving failure to procure and maintain appropriate insurance coverage. The case is Allstate Ins. Co. v. Tarrant. The case is a "must read" for insurance practitioners, and is full of good nuggets. Today I’ll
Brandon McWherter
Beware of the Shortened Limitation Period to File Suit Contained in Most Insurance Policies
By Brandon McWherter on
Posted in Litigation Tactics
The Tennessee Court of Appeals rendered another decision yesterday concerning the limitations period that is applicable to lawsuits to enforce an insurance policy. The court upheld the dismissal of the lawsuit, ruling that the lawsuit was filed outside the time period allowed in the insurance policy. A copy of the case, Gagne v. State Farm. can be downloaded here…
A Personal Plug for My Firm’s New Website
By Brandon McWherter on
Posted in Miscellaneous
Ok, so this really has nothing to do with insurance. But my firm, Gilbert Russell McWherter PLC, just launched our new website. Check it out here. The update has been long overdue.
The Proper Scope of Appraisal – Thoughts from the Battlefield
By Brandon McWherter on
Posted in Claim Tips
In Parks‘ last post, "What is the Proper Scope of Appraisal in Tennessee?", he pointed out the Merrimack decision in which the Court of Appeals held that appraisal is not appropriate for decisions regarding coverage and liability. In considering my response, I spoke with Chuck Howarth, who is part of The Howarth…
A Follow Up to the Question of When Post-Loss Misrepresentations are Material
By Brandon McWherter on
Posted in Post-Loss Misrepresentations
There are a few issues here that need to be clarified for our insureds out there who may be dealing with an insurance company making accusations of misrepresentations. First, the rules are different depending on whether the alleged misrepresentation occurred before the loss or after the loss. The one I see more often is the…
The End of the Consumer Protection Act in Insurance Cases
By Brandon McWherter on
Posted in Bad Faith, Consumer Protection Act
This will probably come as no surprise to most but my feelings concerning the legislature’s recent removal of the insurance industry from the protection of the Tennessee Consumer Protection Act are pretty strong. I called every member of the legislature I knew, and some I didn’t, in an attempt to stop the bill. But there…
Morrison v. Allen, Part III
By Brandon McWherter on
Posted in Agent Involvement
This is the third installment of my recent discussion of the Morrison v. Allen decision. Assume these facts (a skeletal version of the facts in Morrison): John Doe requests life insurance from his insurance agent in the amount of $1,000,000. A policy is issued, but a claim by John’s wife, Jane, for benefits under…
Morrison v. Allen, Part II
By Brandon McWherter on
Posted in Application Misrepresentations
Yesterday I wrote about the February 2011 landmark decision of the Tennessee Supreme Court in Morrison v. Allen. There was one relatively minor point concerning an alleged misrepresentation in an application that grabbed my attention. In Morrison, the insurance company denied Ms. Morrison’s claim for life insurance benefits based on alleged misrepresentations of…
Tennessee Supreme Court Redefines the Law of Insurance Agent Liability
By Brandon McWherter on
Posted in Agent Involvement
On February 16, 2011, the Tennessee Supreme Court rendered a landmark decision concerning insured’s rights to pursue claims against their insurance agents for failure to procure appropriate insurance. The case is Morrison v. Allen, and can be found here.
In Morrison, the basic facts were that Mr. and Mrs. Morrison obtained…
Should a Deductible Be Subtracted in the Case of a Total Loss?
By Brandon McWherter on
Posted in Valued Policy Law
Consider this scenario – – Jane Doe insures her home for $100,000, with a $1,000 deductible. Unfortunately, Jane’s house burns to the ground and is undeniably a "total loss" within the meaning of Tennessee’s valued policy statute (click here for a prior post on when a loss should be considered a "total loss"). After months…