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Brandon McWherter & Parks T. Chastain

Tennessee Insurance Litigation Blog

Legal insights on insurance litigation in the State of Tennessee

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

Judicial Estoppel

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An Outline for Dealing with the Judicial Estoppel Defense

By Brandon McWherter on May 10, 2009
Posted in Judicial Estoppel

Insurers often assert the doctrine of judicial estoppel as a defense to first party claims when the insured filed bankrupcty within a few years prior to an insured loss.  The most common scenario is a homeowner files bankruptcy, and utilizes the amount exempted by bankruptcy law as the value of his or her personal property…

Published By:
Brandon McWherter

OF MCWHERTER SCOTT & BOBBITT PLC

Parks T. Chastain

OF BREWER, KRAUSE, BROOKS & CHASTAIN, PLLC

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Published By:
Brandon McWherter

OF MCWHERTER SCOTT & BOBBITT PLC

Parks T. Chastain

OF BREWER, KRAUSE, BROOKS & CHASTAIN, PLLC

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The Tennessee Insurance Litigation Blog offers legal insights on insurance litigation in Tennessee from a pair of attorneys on both sides of the discussion. Brandon McWherter, a partner at McWherter Scott Bobbitt PLC, provides the policyholder’s perspective. Parks T. Chastain, a member in the Nashville-based firm Brewer, Krause, Brooks & Chastain, PLLC, offers the insurance company’s perspective.

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