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
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
Another Court Allows Punitive Damages Claim to Proceed
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,
Sixth Circuit Holds that Demolition Can Trigger Application of the Valued Policy Law
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
Does Arson Constitute Vandalism?
I represented a Memphis homeowner a couple of years ago whose residential rental property was destroyed by fire. The policy provided coverage for fire loss, but contained an exclusion for "vandalism and malicious mischief . . . if the dwelling has been vacant for more than 30 days immediately before the loss." In our case, it was undisputed that the
The Proper Scope of Appraisal – Thoughts from the Battlefield
In Parks‘ last post, "What is the Proper Scope of Appraisal in Tennessee?", he pointed out the Merrimack decision in which the Court of Appeals held that appraisal is not appropriate for decisions regarding coverage and liability. In considering my response, I spoke with Chuck Howarth, who is part of The Howarth
A Follow Up to the Question of When Post-Loss Misrepresentations are Material
There are a few issues here that need to be clarified for our insureds out there who may be dealing with an insurance company making accusations of misrepresentations. First, the rules are different depending on whether the alleged misrepresentation occurred before the loss or after the loss. The one I see more often is the
Discovery in Bad Faith and Consumer Protection Act Cases, Part I
In bad faith and Tennessee Consumer Protection Act cases, I routinely run into work product objections during discovery. Often these objections are made even as to reports and documents generated before the claim was denied. I believe work-product objections as to pre-denial materials are improper. As we know, Rule 26.02(3) protects against disclosure of materials
Supplemental Claims and Reopen Claims – Is There a Difference?
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