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
“But the agent…” – Ending the Litigation Tactic of Blaming the Agent
By Parks Chastain on
Posted in Agent Involvement
In litigating coverage cases on behalf of insurance carriers, I often hear – “But, my agent said…” or “But, I told the agent that…” In Tennessee, juries still hold litigants to a degree of personal accountability and responsibility, particularly when they have had the opportunity to read the document about which they may be claiming…
The Meaning of “Total Loss” Under Tennessee’s Valued Policy Law
By Parks Chastain on
Posted in Valued Policy Law
Often, litigants attempt to use the Valued Policy Law to establish that losses are total for purposes of maximizing policy recovery. In many instances, unless the home or structure is totally destroyed and “on the ground,” so to speak, expert proof can be adduced to establish that much of the building could be re-used, and…
Tennessee’s Valued Policy Law Should Apply Only To Losses By Fire, Not Windstorm
By Parks Chastain on
Posted in Valued Policy Law
For the past two years, the spring months have brought severe and deadly tornados to various parts of Tennessee. One issue that has often arisen, but has not yet been addressed by any Tennessee appellate court, is the extent to which Tennessee’s “Valued Policy Law” would, or should, apply to wind or tornado losses.
Tennessee’s…
An Outline for Dealing with the Judicial Estoppel Defense
By Brandon McWherter on
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…
Tennessee’s Elusive Standard for Valuing Household Personal Goods
By Brandon McWherter on
Posted in Valuation Issues
A common question around my office is, “How do I know what values to claim for my personal goods?” Fortunately, a 1958 Tennessee Court of Appeals opinion provides the answer, but it is not one that is widely disseminated by adjusters to policyholders. In Tennessee, household goods, furniture, clothing and other articles acquired for personal…