Brandon McWherter

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In bad faith and Tennessee Consumer Protection Act cases, I routinely run into work product objections during discovery. Often these objections are made even as to reports and documents generated before the claim was denied. I believe work-product objections as to pre-denial materials are improper. As we know, Rule 26.02(3) protects against disclosure of materials…

The Tennessee Court of Appeals released Tuturea v. Tennessee Farmers Mutual Insurance Company on June 29, 2010.  Its certainly an interesting opinion, although a bit long for fun reading (29 pages). The basic facts are this.  Mr. Tuturea suffered from terminal cancer, and set fire to his house in an unsuccessful attempt to commit suicide.

Delay, Deny, Defend – Why Insurance Companies Don’t Pay Claims and What You Can Do About It. No, that’s not the theme of a bad faith trial.  Its the title of Professor Jay M. Feinman’s new book that chronicles the bad faith practices of insurance companies.  Several months back, the book’s publisher, Penguin, provided me…

Today my law firm launched a new website, www.tnfloodclaims.com, which we will use to try to address many of the issues affecting people affected by the recent floods.  We’ve included some information about negligence claims against insurance agents, some basic tips for making a flood insurance claim, and other information we hope policyholders will…

With the flood waters receding, public adjusters are finding plenty of business.  Many people have a misconception that public adjusters work for the insurance company, but the opposite is true.  Public adjusters are licensed professionals who are employed exclusively by policyholders who have sustained a loss.  Very simply, their job is to work with the…