As many victims of the East Tennessee wildfires are working through the claim process, this seems to be a good time for a quick word about soot testing. Smoke and soot from the wildfires likely affected hundreds of property owners whose properties were never touched by an actual flame. Even with no actual fire damage,
Tennessee insurance lawyer
When is Overhead and Profit Due in Tennessee?
By Brandon McWherter on
Several years ago I discussed a Sixth Circuit Court of Appeals case where the court determined that general contractor’s Overhead and Profit were recoverable if the insured would “reasonably be expected to hire a contractor to repair its property” See Parkway Assoc., LLC v. Harleysville Mut. Ins. Co., 129 Fed. Appx. 955 (6th Cir.…
Water Damage from an Aquarium – Covered or Not?
By Brandon McWherter on
Posted in Coverage Issues
Most water damage is covered in a typical homeowner’s policy. However, this coverage may only extend to the structure, and not the personal property, depending on the policy language. This is because many homeowner’s policies cover all forms of direct physical loss – subject to certain exclusions. Conversely, personal property may be covered by only…
What Do You Mean I Have to Cooperate?
By Brandon McWherter on
When you file an insurance claim, your insurance company will almost always request a significant amount of information from you. Depending on the type of loss you have suffered, this type of information can typically include an estimate of your damages, an inventory if you had business or personal property coverage, and a litany of…
What is an Examination Under Oath?
By Brandon McWherter on
Posted in Examinations Under Oath
If you’re reading this blog, chances are you (or someone you represent) has been requested to submit to an examination under oath by your insurance company’s attorney. This process can be intimidating and confusing. I field a lot of questions from insureds, public insurance adjusters, and attorneys about examinations under oath (“EUOs”). As a general…
Insurance Companies Bear the Burden of Proving Arson
By Brandon McWherter on
Back in November 2013, I had the great honor to represent Larry and Sue Banks in their case against Cincinnati Insurance Company. My partner, Clint Scott, and I presented the case to a federal jury and after deliberations, the jury returned a verdict for more than $2.2 million. The insurance company accused the Banks of…
When it Comes to Insurance Policies, There is No Difference in Cosmetic Damage and Functional Damage
By Brandon McWherter on
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 Appellate Opinion Regarding the Timeliness of a Lawsuit
By Brandon McWherter on
Posted in Claim Tips, Litigation Tactics
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…
Another Court Allows Punitive Damages Claim to Proceed
By Brandon McWherter on
Posted in Bad Faith
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,…
Sixth Circuit Holds that Demolition Can Trigger Application of the Valued Policy Law
By Brandon McWherter on
Posted in Valued Policy Law