The Policyholder’s Perspective from Brandon McWherter
The Insurance Company’s Perspective from Parks T. Chastain

Appraisal

Subscribe to Appraisal

Over the past few posts, I’ve explored a couple of recent opinions from federal courts in the Eastern and Middle Districts of Tennessee that explored the appropriate use of appraisal in resolving disputes about the “scope” of a loss.  For this next installment, we move to West Tennessee for yet another recent case on the…

In 2021, courts across Tennessee issued a handful of decisions that continue to define the nuances of the Tennessee Court of Appeals’ opinion in Merrimack v. Batts that is now twenty years old. Suffice it to say the landscape is quickly changing and I’m excited to share the new developments. The next few posts will…

The Occupational Safety and Health Act was signed into law in 1970 by President Nixon, and the Occupational Safety and Health Administration (OSHA) was simultaneously created to implement, administer, and enforce its requirements. OSHA’s mission is to “assure safe and healthy working conditions for working men and women by setting and enforcing standards and by…

Almost yearly (if not more frequently), insurance companies face the argument that the appraisal process provided by the typical insurance policy should be expanded. As a refresher, back in 2001, the Tennessee Court of Appeals issued its opinion in Merrimack Mutual Fire Insurance Company v. Batts, 59 S.W.3d 142 (Tenn. Ct. App. 2001), where…

With the proliferation of appraisal demands, the ins and outs of appraisal in Tennessee will begin to take shape through the judiciary. In Artist Building Partners v. Auto-Owners Mut. Ins. Co., the Court of Appeals recently made clear that it will not disturb the binding nature of an appraisal award.

For a little history…