The facts: Plaintiff Doe presently lives in Carroll County, and his fire damaged home was also in Carroll County. Defendant Insurance Company has a claims office in Madison County. Defendant Agent resides in Carroll County, has his principal place of business in Carroll County, but also has a satellite office in Madison County. Plaintiff
Litigation Tactics
Mediating First Party Property Cases
By Parks Chastain on
Posted in Litigation Tactics
In the past two weeks, I have mediated three first party property cases. None of them was alike, and I wanted to share some thoughts on approaching such mediations from the carrier’s perspective, and some comments on the way the insureds have approached the mediation – making it better or worse for fruitful negotiations.
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Trigger Happy Policyholders?
By Brandon McWherter on
Posted in Litigation Tactics
Parks Chastain recently wrote here about trigger happy policyholders prematurely filing lawsuits against insurance companies before a denial ever occurs. The reason for this is the provision in insurance policies that shortens the applicable statute of limitations to a period of usually one or two years from the date of the loss. As Parks mentioned…
When Must Suit Be Filed Over Failure To Pay An Insurance Claim?
By Parks Chastain on
Posted in Litigation Tactics
What a simple question, you might think. It’s a contract and, therefore, it’s a six year statute of limitations in Tennessee, right?
Wrong, in most cases of first party coverage or payment disputes. Most policies contain a clause which limits, and reduces, the time for filing a suit over a dispute in coverage or payment …
Litigation Tactics – Solidifying Your Bad Faith Claim
By Brandon McWherter on
Posted in Bad Faith, Litigation Tactics
So you finally got a case in which you’re just certain the insurance company is acting in bad faith . . . What do you do now? Protect it! In a case where you think you’ve caught the insurance company red-handed for acting in bad faith, it is crucial that you take the steps to…
Litigation Tactics – The Coverage Lawyer Need Not Be A Witness, Even in Bad Faith Cases
By Parks Chastain on
Posted in Litigation Tactics
Many times, lawyers for insureds attempt to make an insurance company’s pre-litigation coverage counsel a witness. I have faced two arguments on this issue. I have been a witness in a couple of cases, and must say that I do prefer the role of attorney. But, I think it is useful to debunk the two…