Over the past few posts, I’ve explored a couple of recent opinions from federal courts in the Eastern and Middle Districts of Tennessee that explored the appropriate use of appraisal in resolving disputes about the “scope” of a loss. For this next installment, we move to West Tennessee for yet another recent case on the
Recent Developments – Appraisal in Tennessee, 2021 (Part 2)
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
OSHA Compliance is the Law . . . But it’s Not an Ordinance or Law for Coverage Purposes
The Occupational Safety and Health Act was signed into law in 1970 by President Nixon, and the Occupational Safety and Health Administration (OSHA) was simultaneously created to implement, administer, and enforce its requirements. OSHA’s mission is to “assure safe and healthy working conditions for working men and women by setting and enforcing standards and by
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
When it Comes to Insurance Policies, There is No Difference in Cosmetic Damage and Functional Damage
In the past, I’ve posted a few articles regarding the recent trend of insurers to attempt to deny hail damage claims on the basis that the damage is “cosmetic” rather than “functional.” Most commonly, the issue arises when there are hail dents to a metal roof and the insurance company denies the claim on the
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,
Commas and Sentence Structure are Important After All
The Tennessee Court of Appeals’ recent decision in Artist Building Partners v. Auto Owners Mut. Ins. Co. serves as an important reminder in coverage disputes that any ambiguities will be strictly construed against the insurance company and in favor of coverage. Tennessee courts have made clear over and over again that any language in an