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
time for filing suit
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 …