Yesterday, the Court of Appeals issued yet another decision concerning when a lawsuit must be filed in order to be timely. In a well-reasoned and fair opinion authored by Judge Gibson, the Court of Appeals made clear once again that the question of when a claim accrues is fact intensive and requires a knowledge and
statute of limitations
SUIT AGAINST US CLAUSE APPLIES TO ALL CLAIMS INCLUDING FAILURE TO PROCURE
The Court of Appeals recently issued its opinion in Maples v. Tennessee Farmers Mutual Insurance Co., E2015-00285-COA-R3-CV (Tenn. Ct. App. 2015). The Maples case dealt with fire damage to the Maples’ home in Crossville, Tennessee, insured with Tennessee Farmers Mutual Insurance Company. Coverage was denied on August 26, 2013. Suit was filed on August…
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…
Trigger Happy Policyholders?
By Brandon McWherter on
Posted in Litigation Tactics
Parks Chastain recently wrote here about trigger happy policyholders prematurely filing lawsuits against insurance companies before a denial ever occurs. The reason for this is the provision in insurance policies that shortens the applicable statute of limitations to a period of usually one or two years from the date of the loss. As Parks mentioned…
When Must Suit Be Filed Over Failure To Pay An Insurance Claim?
By Parks Chastain on
Posted in Litigation Tactics
What a simple question, you might think. It’s a contract and, therefore, it’s a six year statute of limitations in Tennessee, right?
Wrong, in most cases of first party coverage or payment disputes. Most policies contain a clause which limits, and reduces, the time for filing a suit over a dispute in coverage or payment …