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
Myint
Tennessee Legislature Restricts Application of Consumer Protection Act, Overruling Myint v. Allstate
By Parks Chastain on
Posted in Bad Faith, Consumer Protection Act
On April 29, 2011, the Tennessee legislature adopted House Bill 1189 was enacted into law and signed by Governor Haslam. Public Chapter No. 130 will be codified in Tennessee Code Annotated, Title 56, Chapter 8, Part 1. The signed law is available by clicking here.
The law amends Title 56 related to insurance business acts…
The Tennessee Supreme Court’s Treatment of Tennessee Consumer Protection Act Claims in the Insurance Setting
By Brandon McWherter on
Posted in Consumer Protection Act
I ran across a good article (pdf) this evening by Robins H. Ledyard entitled Treatment of Insurance Claims under Tennessee Consumer Protection Act. Published in the Federation of Regulatory Counsel Journal in the Fall of 2008, the article gives a short synopsis of our Supreme Court’s analysis of TCPA claims in the…