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Tennessee Insurance Litigation Blog

Legal insights on insurance litigation in the State of Tennessee

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An Outline for Dealing with the Judicial Estoppel Defense

By Brandon McWherter on May 10, 2009
Posted in Judicial Estoppel

Insurers often assert the doctrine of judicial estoppel as a defense to first party claims when the insured filed bankrupcty within a few years prior to an insured loss.  The most common scenario is a homeowner files bankruptcy, and utilizes the amount exempted by bankruptcy law as the value of his or her personal property…

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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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