I write today to explain why insurance companies include the name of contractors on insurance payment drafts, sometimes to the chagrin of policyholders. Unfortunately, in many instances, the homeowner and his/her contractor have come to a disagreement by the time the insurance company is ready to issue the final dwelling payment, usually an amount of recoverable
Claim Tips
Answering Questions Posed About Valuation for Purposes of the Co-Insurance Penalty
We have had some excellent comments and questions on the topic of co-insurance, and specifically whether there can be any “iron-clad” or “black and white” rules as to who is responsible for any undervaluation. Obviously, the readers are concerned as to who, between the applicant/insured and the agent or company, should be held responsible for …
Innocent Spouse – What has the Tennessee Supreme Court signaled with respect to the innocent spouse or innocent co-insured doctrine?
Brandon has written a couple of excellent posts on the recent Tennessee Court of Appeals opinion of Tuturea v. Tennessee Farmers Mutual Insurance Company and whether the opinion calls the ability of an insurer to “end-around” (as he puts it) the innocent spouse or innocent co-insured doctrine.
I think we must look to …
Supplemental Claims and Reopen Claims – Is There a Difference?
Shaun Marker and Jeremy Tyler, attorneys at Merlin Law Group in Florida, recently posted a pair of blog posts – here and here — regarding the difference between "supplemental" claims and "reopen" claims. Indeed, there is a difference, and Shaun and Tyler did a good job showing why. The distinction is especially relevant here in…
Documenting Your Flood Claim – A First Hand Perspective
My home and garage were victim to the flood also, but we were much more fortunate than our neighbors, whose homes were totally destroyed. Those of us who work with insurance take much knowledge for granted. But, many people have had a tough time finding information, and have had to act without direction from anyone just to …
Cowpokes and Deductibles
I recently resolved a case that I thought was interesting for this day and age, particularly here in Tennessee. Here’s the scenario – an insured claims to have had cattle stolen from him on multiple occasions, but by the same person – yes, you guessed it, the “cowpoke” in our story.
It seems that our “cowpoke&rdquo…
THE “CO-INSURANCE” PENALTY – OR INSUFFICIENT INSURANCE TO VALUE – AND ITS IMPACT ON AN INSURED
coinsurance “co-insurance” “insurance to value” formula…
Continue Reading THE “CO-INSURANCE” PENALTY – OR INSUFFICIENT INSURANCE TO VALUE – AND ITS IMPACT ON AN INSURED
An Insured Need Not Rebuild at the Same Premises in Order to Recover Replacement Cost
Parks’ recent post about whether an insured has to rebuild at the same location in order to recover replacement cost got me thinking, and then researching. Here’s what I found:
Although none in Tennessee, there are a dozen or so cases across the country dealing with the issue of whether an insured has to rebuild…
In Order to Invoke Replacement Cost Coverage, Does An Insured Have to Rebuild at the Same Location?
In most cases, the answer is no. Most policies use replacement cost at a specific location as a measure of the maximum recovery that can be afforded under a property insurance policy. Most policies contain a “Valuation” condition similar to the following:
B. Replacement Cost – When replacement cost is shown on the “declarations” for covered property, …
Thoughts on Advances
If you’re a reader of insurance blogs, I’m certain you’ve read the recent warfare between Parks Chastain and Chip Merlin. They both make good points on the issue of advance payments (see their posts here and here). The truth is that there really is very little law in Tennessee concerning advance payments. Even so…