In March 2012, the Tennessee Supreme Court issued a landmark opinion concerning the liabilty of insurers and insurance agents in cases involving failure to procure and maintain appropriate insurance coverage. The case is Allstate Ins. Co. v. Tarrant. The case is a "must read" for insurance practitioners, and is full of good nuggets. Today I’ll
Tennessee
The Proper Scope of Appraisal – Thoughts from the Battlefield
By Brandon McWherter on
Posted in Claim Tips
In Parks‘ last post, "What is the Proper Scope of Appraisal in Tennessee?", he pointed out the Merrimack decision in which the Court of Appeals held that appraisal is not appropriate for decisions regarding coverage and liability. In considering my response, I spoke with Chuck Howarth, who is part of The Howarth…
A Follow Up to the Question of When Post-Loss Misrepresentations are Material
By Brandon McWherter on
Posted in Post-Loss Misrepresentations
There are a few issues here that need to be clarified for our insureds out there who may be dealing with an insurance company making accusations of misrepresentations. First, the rules are different depending on whether the alleged misrepresentation occurred before the loss or after the loss. The one I see more often is the…
The End of the Consumer Protection Act in Insurance Cases
By Brandon McWherter on
Posted in Bad Faith, Consumer Protection Act
This will probably come as no surprise to most but my feelings concerning the legislature’s recent removal of the insurance industry from the protection of the Tennessee Consumer Protection Act are pretty strong. I called every member of the legislature I knew, and some I didn’t, in an attempt to stop the bill. But there…
Should a Deductible Be Subtracted in the Case of a Total Loss?
By Brandon McWherter on
Posted in Valued Policy Law
Consider this scenario – – Jane Doe insures her home for $100,000, with a $1,000 deductible. Unfortunately, Jane’s house burns to the ground and is undeniably a "total loss" within the meaning of Tennessee’s valued policy statute (click here for a prior post on when a loss should be considered a "total loss"). After months…
Discovery in Bad Faith and Consumer Protection Act Cases, Part I
By Brandon McWherter on
In bad faith and Tennessee Consumer Protection Act cases, I routinely run into work product objections during discovery. Often these objections are made even as to reports and documents generated before the claim was denied. I believe work-product objections as to pre-denial materials are improper. As we know, Rule 26.02(3) protects against disclosure of materials…
Tennessee Insurance Litigation Blog Nominated as One of the Top 50 Insurance Blogs
By Brandon McWherter on
Posted in Miscellaneous
I just learned today that our blog, just under a year old, has been nominated as one of the top 50 insurance blogs. The LexisNexis Insurance Law Community publishes the list each year. Although its a bit late to ask all of you to send in positive comments to the folks at Lexis who decide…
Supplemental Claims and Reopen Claims – Is There a Difference?
By Brandon McWherter on
Posted in Claim Tips, Flood
Shaun Marker and Jeremy Tyler, attorneys at Merlin Law Group in Florida, recently posted a pair of blog posts – here and here — regarding the difference between "supplemental" claims and "reopen" claims. Indeed, there is a difference, and Shaun and Tyler did a good job showing why. The distinction is especially relevant here in…
Tips for Filing a Flood Insurance Claim
By Brandon McWherter on
Posted in Flood
FEMA has published several tips for filing a flood insurance claim that can be accessed here and here. Be sure to note that a proof of loss must be submitted within sixty days. It also has a brochure that addresses common myths about the NFIP (National Flood Insurance Program) that can be downloaded here.
The Aftermath of the Great Flood
By Brandon McWherter on
Posted in Miscellaneous
Fifteen or so inches later, the rain has officially stopped. The entire state breathed a sigh of relief yesterday as the sun started trying to dry things out. I was one of the lucky ones who didn’t have any damage, but there are thousands of people who have lost personal treasures. Photographs, antiques . .