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Tennessee Insurance Litigation Blog

Legal insights on insurance litigation in the State of Tennessee

The Policyholder's Perspective The Insurance Company's Perspective

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TN Supreme Court Rules Labor Cannot be Depreciated

By Brandon McWherter on April 21, 2019
Posted in Claim Tips, Coverage Issues, Valuation Issues

For the past few years, I’ve been involved in several labor depreciation cases around the Southeast, including one right here in Tennessee against Auto-Owners.  The threshold legal question in that case, Lammert et al. v. Auto-Owners Mutual Ins. Co., was whether an insurance company can depreciate the cost of labor when determining its actual…

Post-Loss Assignment of Claims are Valid in Tennessee

By Brandon McWherter on January 2, 2018
Posted in Claim Tips, Coverage Issues

Not so fast Mr. Adjuster, my assignment of claim is valid even if the insurance policy says its not.
Continue Reading Post-Loss Assignment of Claims are Valid in Tennessee

Another Court Allows Punitive Damages Claim to Proceed

By Brandon McWherter on September 9, 2015
Posted in Bad Faith

In June of this year, Judge Tom Anderson joined the ranks of other judges in Tennessee that have held that punitive damages can be awarded against an insurance company for breach of an insurance contract, if the breach was intentional, malicious, reckless, or malicious.  The case was Carroll v. Nationwide Property & Casualty Company,…

Farm Bureau’s “Take It or Leave It Offer” Determined to be Unfair Claims Practice

By Brandon McWherter on January 5, 2015
Posted in Bad Faith, Consumer Protection Act

In Brooks v. Tenn. Farmers Mut. Ins. Co., 2014 Tenn. App. LEXIS 776 (Tenn. Ct. App. Nov. 26, 2014), an insured’s home was damaged by a tornado and an independent adjuster hired by the insurance company offered the homeowner $56,788 to resolve the claim. The homeowner disagreed with the estimate and refused to settle…

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E. Jason Ferrell
Brewer, Krause, Brooks, Chastain & Meisner, LLC

Brandon McWherter
McWherter Scott Bobbitt PLC

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About This Publication

The Tennessee Insurance Litigation Blog offers legal insights on insurance litigation in Tennessee from a pair of attorneys on both sides of the discussion. Brandon McWherter, a partner at McWherter Scott Bobbitt PLC, provides the policyholder’s perspective. E. Jason Ferrell, a member in the Nashville-based firm Brewer, Krause, Brooks, Chastain & Meisner, LLC, offers the insurance company’s perspective.

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