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
Continue Reading OSHA Compliance is the Law . . . But it’s Not an Ordinance or Law for Coverage Purposes
McWherter, Brandon & Chastain, Parks Blogs
Latest from McWherter, Brandon & Chastain, Parks
Tips for TN Policyholders Impacted by the March 3, 2020 Storm
The storm has passed and a new wave of obstacles and hurdles are sure to follow in its wake. Out-of-state adjusters have already flooded the area, and not all of them know and understand policyholders’ rights in the State of
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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
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TN Supreme Court Rules Labor Cannot be Depreciated
For the past few years, I’ve been involved in several labor depreciation cases around the Southeast, including one right here in Tennessee against Auto-Owners. The threshold legal question in that case, Lammert et al. v. Auto-Owners Mutual Ins. Co., was
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Misrepresentation as to prior foreclosure voids policy, even if innocently made
In the case of Conley v Tennessee Farmers, the Court of Appeals held that a misrepresentation as to prior foreclosure on an application is sufficient to void coverage as such misrepresentations increased the risk of loss as a matter
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Misrepresentation at Inception of Policy is Effective to Void Coverage Even After Renewals
I draw your attention to the June 25 Tennessee Court of Appeals decision in the case of Dutton v. Tennessee Farmers Mutual Insurance Company which addressed the question of whether misrepresentations made on an initial policy application which unquestionably increased
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What Constitutes an “Ordinance or Law”?
In the case of Jefferson County Schools v. Tennessee Risk Management Trust, et al., No. E2017-01346-COA-R3-CV (decided March 15, 2018) (Jefferson County Schools v. TN Risk Management), the Tennessee Court of Appeals addressed the question of whether a
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Post-Loss Assignment of Claims are Valid in Tennessee
Not so fast Mr. Adjuster, my assignment of claim is valid even if the insurance policy says its not.
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Okay, So It’s Not Strictly Coverage, But You “Gotta” Know About Medical Expenses…
We don’t usually post liability related matters on this blog, but every once and a while there is a ruling that warrants mention. That ruling was issued today by the Tennessee Supreme Court in Dedmon v. Steelman W2015-01462-SC-R11-CV (click on
Continue Reading Okay, So It’s Not Strictly Coverage, But You “Gotta” Know About Medical Expenses…
MS Insurance Commissioner Issues Bulletin Regarding Labor Depreciation
This past Friday (Aug. 4, 2017), Mississippi’s Insurance Commissioner, Mike Chaney, issued a bulletin that alerts insurers that they should not be depreciating labor in Mississippi unless policy language clearly allows it, and even then, estimates must clearly delineate that
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