Yesterday I wrote about the February 2011 landmark decision of the Tennessee Supreme Court in Morrison v. Allen. There was one relatively minor point concerning an alleged misrepresentation in an application that grabbed my attention. In Morrison, the insurance company denied Ms. Morrison’s claim for life insurance benefits based on alleged misrepresentations of
Tennessee Supreme Court Redefines the Law of Insurance Agent Liability
By Brandon McWherter on
Posted in Agent Involvement
On February 16, 2011, the Tennessee Supreme Court rendered a landmark decision concerning insured’s rights to pursue claims against their insurance agents for failure to procure appropriate insurance. The case is Morrison v. Allen, and can be found here.
In Morrison, the basic facts were that Mr. and Mrs. Morrison obtained…
Should Contractors Be Named As Payees On Insurance Payment Drafts?
By Parks Chastain on
Posted in Claim Tips
I write today to explain why insurance companies include the name of contractors on insurance payment drafts, sometimes to the chagrin of policyholders. Unfortunately, in many instances, the homeowner and his/her contractor have come to a disagreement by the time the insurance company is ready to issue the final dwelling payment, usually an amount of recoverable …
Should a Deductible Be Subtracted in the Case of a Total Loss?
By Brandon McWherter on
Posted in Valued Policy Law
Consider this scenario – – Jane Doe insures her home for $100,000, with a $1,000 deductible. Unfortunately, Jane’s house burns to the ground and is undeniably a "total loss" within the meaning of Tennessee’s valued policy statute (click here for a prior post on when a loss should be considered a "total loss"). After months…
Use of Social Networking Evidence in Insurance and Workers’ Compensation Litigation
By Parks Chastain on
Posted in Discovery, Litigation Tactics
Two of our readers from Minnesota, Gregory M. Duhl (Associate Professor of Law at William Mitchell College of Law) and Jaclyn Millner (of Fitch, Johnson, Larson & Held, P.A.) have recently posted a draft of an article (to be published in the Pace Law Review) on the use of social networking evidence in insurance …
Tennessee Hospital Lien Does Not Attach to Medical Payment Benefits
By Parks Chastain on
Posted in Miscellaneous
In Shelby County Health Care Corporation d/b/a Regional Medical Center v. Nationwide Mutual Insurance Company, the Tennessee Supreme Court held that the statutory hospital lien act does not attach to medical payment benefits paid pursuant to an insurance policy. In this case, the “Med” attempted to recover the full amount of its medical treatment…
Should Sales Tax Be Included When Calculating Insured Losses?
By Brandon McWherter on
Posted in Valuation Issues
Chip Merlin, in his Property Insurance Coverage Law Blog, commented a few days ago about a recent case out of Washington, Holden v. Farmers Insurance of Washington, 2010 WL 3504821 (Wash. Sept. 10, 2010). The issue there was whether sales tax should be included in insurers’ calculations of actual cash value and replacement…
Agent Potentially Responsible For Failing to Insure to Value
By Parks Chastain on
Posted in Valuation Issues
One of the most commented upon topics presented by this Blog has been the question of co-insurance, or insurance to value, and where liability lies when there in an improper valuation. Although not specifically dealing with co-insurance, I commend to your reading the case of English Mountain Retreat, LLC. et. al. v. Suzanne Crustenberry-Greg, et.
Tennessee Insurance Litigation Blog Honored as One of the Top 50 Insurance Blogs
By Brandon McWherter on
Posted in Miscellaneous
“top 50 insurance blogs” “LexisNexis Insurance Law Community” Tennessee insurance claims…
Continue Reading Tennessee Insurance Litigation Blog Honored as One of the Top 50 Insurance Blogs
Discovery in Bad Faith and Consumer Protection Act Cases, Part I
By Brandon McWherter on
In bad faith and Tennessee Consumer Protection Act cases, I routinely run into work product objections during discovery. Often these objections are made even as to reports and documents generated before the claim was denied. I believe work-product objections as to pre-denial materials are improper. As we know, Rule 26.02(3) protects against disclosure of materials…