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: Coverage Issues

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Can An Insurance Company “End Around” the Innocent Spouse Doctrine . . . Maybe Not

Posted in Coverage Issues
Yesterday, I wrote a bit about the recent Tuturea v. Tennessee Farmers Mutual Insurance Company case that was decided last week by the Western Section of the Court of Appeals.  Remember, this is the case where the plaintiff’s allegedly insane husband set fire to the house in an unsuccessful effort to commit suicide.  I saved… Continue Reading

The “I’m Too Crazy To Intentionally Burn My House” Defense – Is it Viable in Tennessee?

Posted in Coverage Issues
The Tennessee Court of Appeals released Tuturea v. Tennessee Farmers Mutual Insurance Company on June 29, 2010.  Its certainly an interesting opinion, although a bit long for fun reading (29 pages). The basic facts are this.  Mr. Tuturea suffered from terminal cancer, and set fire to his house in an unsuccessful attempt to commit suicide.… Continue Reading

Recent Developments – Adams v. Tennessee Farmers Mutual Insurance Company

Posted in Coverage Issues
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 was tried… Continue Reading

Rules of Interpretation for Insurance Policies

Posted in Coverage Issues
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… Continue Reading

An Insured Need Not Rebuild at the Same Premises in Order to Recover Replacement Cost

Posted in Claim Tips, Coverage Issues
 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… Continue Reading