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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

common law bad faith

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Punitive Damages for Failure to Pay on an Insurance Policy?

By Brandon McWherter on February 16, 2014
Posted in Bad Faith

The issue of whether punitive damages are available to an insured when an insurance company wrongfully denies a claim was recently addressed by the Tennessee Court of Appeals in Riad v. Erie Insurance Exchange.  Over the years, this issue has been confused by many state and federal courts in Tennessee, but the Riad court…

TN Court of Appeals Impliedly Recognizes Claim for Common Law Bad Faith

By Brandon McWherter on November 29, 2012
Posted in Bad Faith

You might recall the 2011 legislation that took away consumers’ right to bring claims against insurance companies under the Tennessee Consumer Protection Act, but that same legislation seemed to recognize the existence of a common law cause of action for bad faith in Tennessee.  (click here for a prior post on that topic).  Since that…

The End of the Consumer Protection Act in Insurance Cases

By Brandon McWherter on July 31, 2011
Posted in Bad Faith, Consumer Protection Act

This will probably come as no surprise to most but my feelings concerning the legislature’s recent removal of the insurance industry from the protection of the Tennessee Consumer Protection Act are pretty strong.  I called every member of the legislature I knew, and some I didn’t, in an attempt to stop the bill.  But there…

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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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