Tennessee Insurance Litigation Blog

Tennessee Insurance Litigation Blog

Legal insights on insurance litigation in the State of Tennessee

The Policyholder’s Perspective from
Brandon McWherter
of Gilbert Russell McWherter Scott Bobbitt PLC
J. Brandon McWherter is a partner at Gilbert Russell McWherter Scott Bobbitt PLC, which has four Tennessee offices in Memphis, Jackson, Nashville, and Chattanooga. Read More
The Insurance Company’s Perspective from
Parks T. Chastain
of Brewer, Krause, Brooks & Chastain, PLLC
Parks T. Chastain, a member in the Nashville, Tennessee law firm of Brewer, Krause, Brooks, Chastain & Burrow, PLLC, focuses on the representation of insurers. Read More

Category Archives: Agent Involvement

Subscribe to Agent Involvement RSS Feed

Misrepresentation as to prior foreclosure voids policy, even if innocently made

Posted in Agent Involvement, Application Misrepresentations, Claim Tips
In the case of Conley v Tennessee Farmers, the Court of Appeals held that a misrepresentation as to prior foreclosure on an application is sufficient to void coverage as such misrepresentations increased the risk of loss as a matter of law. The Court of Appeals held: An applicant’s history of past foreclosures can assist the… Continue Reading


Posted in Agent Involvement, Application Misrepresentations, Coverage Issues, Litigation Tactics
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 6, 2014,… Continue Reading

Allstate Ins. Co. v. Tarrant – Part 1

Posted in Agent Involvement
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… Continue Reading

Morrison v. Allen, Part III

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 the… Continue Reading

Tennessee Supreme Court Redefines the Law of Insurance Agent Liability

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 life insurance policies… Continue Reading

Certificates of Insurance Do Not Create Policy Coverage Obligations

Posted in Agent Involvement
One of the issues that arises far too often in cases I handle is lack of understanding of the purpose or role of documents called “Certificates of Insurance.” A “Certificate of Insurance” is not an insurance policy – it has no insuring provision, no exclusions, and typically no terms or conditions. These “Certificates” are usually issued by… Continue Reading

“But the agent…” – Ending the Litigation Tactic of Blaming the Agent

Posted in Agent Involvement
In litigating coverage cases on behalf of insurance carriers, I often hear – “But, my agent said…” or “But, I told the agent that…” In Tennessee, juries still hold litigants to a degree of personal accountability and responsibility, particularly when they have had the opportunity to read the document about which they may be claiming… Continue Reading