Last week, we looked at Magistrate Judge York’s October 2021 opinion in Smith v. State Farm, in which State Farm was ordered to proceed with an appraisal of the loss as properly invoked by Ms. Smith. As a refresher, Ms. Smith’s home was damaged by a March 3, 2020 storm, and State Farm agreed
Recent Developments – Appraisal in Tennessee, 2021 (Part 2)
Earlier this week I posted about the recent Ingram v. State Farm case in which a federal court in the Eastern District of Tennessee obliterated State Farm’s defense that appraisal was inappropriate for disputes about “scope.” The Ingram case was just one of several recent opinions from around the State of Tennessee concerning insurance appraisals
Recent Developments – Appraisal in Tennessee, 2021 (Part 1)
In 2021, courts across Tennessee issued a handful of decisions that continue to define the nuances of the Tennessee Court of Appeals’ opinion in Merrimack v. Batts that is now twenty years old. Suffice it to say the landscape is quickly changing and I’m excited to share the new developments. The next few posts will
OSHA Compliance is the Law . . . But it’s Not an Ordinance or Law for Coverage Purposes
The Occupational Safety and Health Act was signed into law in 1970 by President Nixon, and the Occupational Safety and Health Administration (OSHA) was simultaneously created to implement, administer, and enforce its requirements. OSHA’s mission is to “assure safe and healthy working conditions for working men and women by setting and enforcing standards and by
Massive Tornado and Hailstorm Hits Tennessee
This past Sunday morning I boarded a plane for Naples, FL for a mediation in one of the labor depreciation class actions my firm is handling. When I left, I had no idea that when I returned a few days later Nashville would be a very different place. The storms that pummeled Tennessee on March
What Do You Mean I Have to Cooperate?
When you file an insurance claim, your insurance company will almost always request a significant amount of information from you. Depending on the type of loss you have suffered, this type of information can typically include an estimate of your damages, an inventory if you had business or personal property coverage, and a litany of
What is an Examination Under Oath?
If you’re reading this blog, chances are you (or someone you represent) has been requested to submit to an examination under oath by your insurance company’s attorney. This process can be intimidating and confusing. I field a lot of questions from insureds, public insurance adjusters, and attorneys about examinations under oath (“EUOs”). As a general
Is Prejudice Required to Avoid Recovery for Failure to Submit to an Examination Under Oath?
Back in 2009, Parks wrote about the Spears v. TFMIC case and correctly cited it for the proposition that an insured must submit to an examination under oath upon request, and that a failure to do so can bar recovery on an insurance claim. Notably absent from the Spears opinion was any requirement of prejudice
The Law of California Applies to an Insurance Policy Insuring Tennessee Property?
Practitioners should be aware that Tennessee courts generally apply the law of the state where an insurance policy was issued and delivered if there is no enforceable choice of law clause in the policy. Gov’t. Employees Ins. Co. v. Bloodworth, 2007 Tenn. App. LEXIS 404 (Tenn. Ct. App. 2007). So, for example, if a policy
The End of the Consumer Protection Act in Insurance Cases
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