Over the past few posts, I’ve explored a couple of recent opinions from federal courts in the Eastern and Middle Districts of Tennessee that explored the appropriate use of appraisal in resolving disputes about the “scope” of a loss. For this next installment, we move to West Tennessee for yet another recent case on the
insurance policy
Recent Developments – Appraisal in Tennessee, 2021 (Part 2)
By Brandon McWherter on
Posted in Appraisal
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…
What Do You Mean I Have to Cooperate?
By Brandon McWherter on
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…
Punitive Damages for Failure to Pay on an Insurance Policy?
By Brandon McWherter on
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…
Commas and Sentence Structure are Important After All
By Brandon McWherter on
Posted in Coverage Issues
The Tennessee Court of Appeals’ recent decision in Artist Building Partners v. Auto Owners Mut. Ins. Co. serves as an important reminder in coverage disputes that any ambiguities will be strictly construed against the insurance company and in favor of coverage. Tennessee courts have made clear over and over again that any language in an…
Beware of the Shortened Limitation Period to File Suit Contained in Most Insurance Policies
By Brandon McWherter on
Posted in Litigation Tactics
The Tennessee Court of Appeals rendered another decision yesterday concerning the limitations period that is applicable to lawsuits to enforce an insurance policy. The court upheld the dismissal of the lawsuit, ruling that the lawsuit was filed outside the time period allowed in the insurance policy. A copy of the case, Gagne v. State Farm. can be downloaded here…
Rules of Interpretation for Insurance Policies
By Brandon McWherter on
Posted in Coverage Issues
Insurance litigation requires a lot of briefing so we keep a stash of helpful citations that are often used in our court filings. An example is the rules that courts must follow when interpreting insurance policies. These rules of construction can be quite helpful in the right case. Below are several that insurance practitioners should…