coinsurance “co-insurance” “insurance to value” formula
Continue Reading THE “CO-INSURANCE” PENALTY – OR INSUFFICIENT INSURANCE TO VALUE – AND ITS IMPACT ON AN INSURED
Rules of Interpretation for Insurance Policies
By Brandon McWherter on
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…
Please Just Give Me a Trial by Ambush
By Brandon McWherter on
Posted in Miscellaneous
I came in this morning to an email from my partner, Justin Gilbert. Justin lost a jury trial last week in Decatur County Circuit Court, and offered some insightful thoughts about the experience in a short article he entitled, “Please Just Give Me a Trial by Ambush.” Here’s an excerpt:
The point
…
An Insured Need Not Rebuild at the Same Premises in Order to Recover Replacement Cost
By Brandon McWherter on
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…
In Order to Invoke Replacement Cost Coverage, Does An Insured Have to Rebuild at the Same Location?
By Parks Chastain on
Posted in Claim Tips
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, …
The Little Recognized Side Effect of the Broad Duty to Defend
By Parks Chastain on
Posted in Third-Party Coverage Issues
duty defend indemnify “duty to defend” broad…
Continue Reading The Little Recognized Side Effect of the Broad Duty to Defend
THIRD-PARTY COVERAGE LITIGATION ISSUES NOW ADDRESSED ON BLOG
By Parks Chastain on
Posted in Third-Party Coverage Issues
Although the focus of this blog was, and will remain, first-party insurance coverage litigation, many of our readers have asked if we are going to include third-party coverage litigation topics in the blog. While we initially wanted to remain “purists,” so to speak, demand is such that we will create a separate “Category” entitled “Third-Party …
A Break from the Intricacies of Insurance Litigation
By Brandon McWherter on
Posted in Practice Management
A fine lawyer and an even better friend, Jonathan Bobbitt, sent an article around the office this morning that reminded me of something very important – the value of knowing your priorities, and, just as importantly, possessing the ability to disregard the unimportant. The article was written by Peter Bregman, and is entitled “Two…
What Does a Mercedes-Benz Have to Do with Insurance Litigation?
By Brandon McWherter on
Posted in Consumer Protection Act
The Tennessee Court of Appeals, Eastern Section, issued a new opinion yesterday interpreting the Tennessee Consumer Protection Act. The case, Timoshchuk v. Long of Chattanooga Mercedes-Benz et al (.pdf), arose from a Mercedes dealer’s sale of a "new" Mercedes which turned out to be not so new. A few months after purchasing…
Revisions to Local Rules in Western District
By Brandon McWherter on
Posted in Miscellaneous
Several attorneys have been appointed to revise the Local Rules for the federal courts in West Tennessee. The committee is scheduled to meet in mid-October and the committee members are actively seeking input from the local bar for suggestions and comments regarding revisions to the present Local Rules. A very significant portion of my firm’s…