Legal insights on insurance litigation in the State of Tennessee
Over the past couple of days, that’s a phrase I’ve heard several times, and its an issue that raises an interesting question — Are insurance agents potentially liable for the flood damage suffered by Tennessee residents across the state? I think the answer is yes.
This is really a more complicated question than one…
FEMA has published several tips for filing a flood insurance claim that can be accessed here and here. Be sure to note that a proof of loss must be submitted within sixty days. It also has a brochure that addresses common myths about the NFIP (National Flood Insurance Program) that can be downloaded here.
Fifteen or so inches later, the rain has officially stopped. The entire state breathed a sigh of relief yesterday as the sun started trying to dry things out. I was one of the lucky ones who didn’t have any damage, but there are thousands of people who have lost personal treasures. Photographs, antiques . .
Not much legal analysis here but . . . it is coming an absolute flood in West TN. We’ve got about 6 inches of rain in the past few hours, with that much or more coming over the next 24 hours. I may have to call in the calvary and get Chip Merlin and company…
Earlier this week, the Tennessee Court of Appeals issued a 24 page opinion addressing a variety of issues affecting insureds in the State of Tennessee. The case is Adams v. Tennessee Farmers Mutual Insurance Company, a copy of which is available here. My partner, Clint Scott, and I represented the insured in this case, which…
"Examinations under oath" and "recorded statements" are not the same thing. A recorded statement is usually taken within a few hours or days after the loss, and is typically taken by an adjuster. The questions asked are usually standard in nature, often asked verbatim from a written form, and the whole process customarily takes only…
What is an Examination Under Oath?
The number one trigger that drives clients to my office is that dreaded letter from some fancy law firm, usually with lots of names at the top of the letterhead, that directs the insured to show up at a designated time and place for an “examination under oath.” …
The facts: Plaintiff Doe presently lives in Carroll County, and his fire damaged home was also in Carroll County. Defendant Insurance Company has a claims office in Madison County. Defendant Agent resides in Carroll County, has his principal place of business in Carroll County, but also has a satellite office in Madison County. Plaintiff…
Insurance litigation requires a lot of briefing so we keep a stash of helpful citations that are often used in our court filings. An example is the rules that courts must follow when interpreting insurance policies. These rules of construction can be quite helpful in the right case. Below are several that insurance practitioners should…
I came in this morning to an email from my partner, Justin Gilbert. Justin lost a jury trial last week in Decatur County Circuit Court, and offered some insightful thoughts about the experience in a short article he entitled, “Please Just Give Me a Trial by Ambush.” Here’s an excerpt:
The point
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