On April 6, 2015, the Tennessee Court of Appeals (Western Section), decided the case of Daniel v. Allstate, No. W2014-01965-COA-R3-CV (download copy here). In this case, the trial court had granted summary judgment to an insurer based upon the one-year contractual limitations period under the policy. Factually, the subject property was damaged by fire
"suit clause" limitations "insured's duties" "Proof of Loss"
Insureds Have Obligations Too
By Parks Chastain on
Posted in Claim Tips, Coverage Issues
In this age where assaults against policy conditions are common, it is good to see a court recognize that an insured has an obligation, and a burden, when seeking to recover insurance benefits. In Meyers v. Farm Aid Association of Loudon County, No. E2103-02585-COA-R9-CV, filed December 9, 2014 (download Meyers v. Farmers Aid), …