We have had some excellent comments and questions on the topic of co-insurance, and specifically whether there can be any “iron-clad” or “black and white” rules as to who is responsible for any undervaluation. Obviously, the readers are concerned as to who, between the applicant/insured and the agent or company, should be held responsible for
The “Draft” expert report – is it still discoverable in federal court?
By Parks Chastain on
Posted in Litigation Tactics
The U.S. Supreme Court has apparently approved changes to the rules governing expert discovery in federal court. These changes are set to take effect December 1, 2010. The most interesting, and the one drawing attention at this time, is the Supreme Court‘s exempting of drafts of expert reports from discovery. The Committee on Rules of Practice and …
Innocent Spouse – What has the Tennessee Supreme Court signaled with respect to the innocent spouse or innocent co-insured doctrine?
By Parks Chastain on
Posted in Claim Tips
Brandon has written a couple of excellent posts on the recent Tennessee Court of Appeals opinion of Tuturea v. Tennessee Farmers Mutual Insurance Company and whether the opinion calls the ability of an insurer to “end-around” (as he puts it) the innocent spouse or innocent co-insured doctrine.
I think we must look to …
Tennessee Insurance Litigation Blog Nominated as One of the Top 50 Insurance Blogs
By Brandon McWherter on
Posted in Miscellaneous
I just learned today that our blog, just under a year old, has been nominated as one of the top 50 insurance blogs. The LexisNexis Insurance Law Community publishes the list each year. Although its a bit late to ask all of you to send in positive comments to the folks at Lexis who decide…
Supplemental Claims and Reopen Claims – Is There a Difference?
By Brandon McWherter on
Posted in Claim Tips, Flood
Shaun Marker and Jeremy Tyler, attorneys at Merlin Law Group in Florida, recently posted a pair of blog posts – here and here — regarding the difference between "supplemental" claims and "reopen" claims. Indeed, there is a difference, and Shaun and Tyler did a good job showing why. The distinction is especially relevant here in…
Can An Insurance Company “End Around” the Innocent Spouse Doctrine . . . Maybe Not
By Brandon McWherter on
Posted in Coverage Issues
Yesterday, I wrote a bit about the recent Tuturea v. Tennessee Farmers Mutual Insurance Company case that was decided last week by the Western Section of the Court of Appeals. Remember, this is the case where the plaintiff’s allegedly insane husband set fire to the house in an unsuccessful effort to commit suicide. I saved…
The “I’m Too Crazy To Intentionally Burn My House” Defense – Is it Viable in Tennessee?
By Brandon McWherter on
Posted in Coverage Issues
The Tennessee Court of Appeals released Tuturea v. Tennessee Farmers Mutual Insurance Company on June 29, 2010. Its certainly an interesting opinion, although a bit long for fun reading (29 pages). The basic facts are this. Mr. Tuturea suffered from terminal cancer, and set fire to his house in an unsuccessful attempt to commit suicide.
Delay, Deny, Defend
By Brandon McWherter on
Posted in Bad Faith, Miscellaneous
Delay, Deny, Defend – Why Insurance Companies Don’t Pay Claims and What You Can Do About It. No, that’s not the theme of a bad faith trial. Its the title of Professor Jay M. Feinman’s new book that chronicles the bad faith practices of insurance companies. Several months back, the book’s publisher, Penguin, provided me…
Gilbert Russell McWherter PLC Launches New Website Concerning Flood Insurance and Related Matters
By Brandon McWherter on
Posted in Flood
Today my law firm launched a new website, www.tnfloodclaims.com, which we will use to try to address many of the issues affecting people affected by the recent floods. We’ve included some information about negligence claims against insurance agents, some basic tips for making a flood insurance claim, and other information we hope policyholders will…
What Is a Public Adjuster – Can They Help?
By Brandon McWherter on
Posted in Flood
With the flood waters receding, public adjusters are finding plenty of business. Many people have a misconception that public adjusters work for the insurance company, but the opposite is true. Public adjusters are licensed professionals who are employed exclusively by policyholders who have sustained a loss. Very simply, their job is to work with the…