William F. "Chip" Merlin, Jr., of the Merlin Law Group, wrote a blog in which he derided (a nice word) the blog I posted on August 18, entitled “Advances-Common Misconception.” Mr. Merlin is a Plaintiff’s/Policyholder’s Attorney. (www.merlinlawgroup.com). His website describes him as “The Policyholder’s Advocate.” His advocacy is evident as his
Claim Tips
Advances – Common Misconceptions
By Parks Chastain on
Posted in Claim Tips
I want to address some misconceptions about advances under first party policies. By this, I mean a request for money made by an insured before the investigation is complete. While the circumstances of an insured’s loss often place the insured in a difficult financial situation, that situation does not alter the insurance contract. Therefore, let’s debunk some…
Tennessee Court Of Appeals Rules That Submission To Examination Under Oath Is Condition Precedent To Recovery
By Parks Chastain on
Posted in Claim Tips
I commend to your reading the recent case of Spears v. Tennessee Farmers Mutual Insurance Company, No. M2008-00842-COA-R3-CV (Tenn. Ct. App. Middle Section), filed July 17, 2009. For a PDF copy of this case, download here (pdf). In this case, the Court was presented with the question of whether the failure of an insured to …
Examinations Under Oath and Depositions are Different
By Parks Chastain on
Posted in Claim Tips
I cannot count the number of times I have had an insured’s lawyer misunderstand the difference between these two proceedings. Depositions and examinations under oath are different activities. Cases recognize that “depositions and examinations under oath serve different purposes.” Nationwide Ins. Co. v. Nilsen, 745 So. 2d 264, 268 (Ala. 1999); accord Goldman v. State …
An Insured’s Willingness to Take a Polygraph Test – Admissible?
By Brandon McWherter on
Posted in Bad Faith, Claim Tips
Here’s a tidbit that can come in handy in the right case. In Murphy v. Cincinnati Ins. Co., 772 F.2d 273 (6th Cir. 1985), the Sixth Circuit Court of Appeals affirmed a district court’s ruling that an insured’s willingness to submit to a polygraph test as part of the insurance company’s investigation was admissible…
The Importance of a Diary
By Brandon McWherter on
Posted in Claim Tips
Policyholders all too often underestimate the importance of keeping a diary of the various events that occur during the course of a claim. Why is it important? First, it is a simple fact that memories fade with time. Although claims should be resolved promptly, they often are not. The process can be complicated with numerous…