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
Tennessee Insurance Litigation Blog
Legal insights on insurance litigation in the State of Tennessee
The Tennessee Insurance Litigation Blog, published by Brandon McWherter & E. Jason Ferrell, focuses on legal issues surrounding insurance disputes in Tennessee. It covers topics such as insurance claim appraisals, disputes over the scope and amount of loss, enforcement of appraisal awards, and the requirements for matching materials in property damage claims. The blog analyzes recent court rulings involving insurance companies and policyholders, particularly in cases of property damage from storms and other events. It addresses procedural and substantive issues in insurance litigation, including the interpretation of policy provisions and the role of appraisal in resolving coverage disagreements.
Latest from Tennessee Insurance Litigation Blog - Page 2
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…
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…
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…
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.…
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…
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…
Commissioner Confirms Insurers Must Pay for Matching
Parks recently posted about the new Rules adopted by the Tennessee Commissioner of Insurance that go into effect on October 9, 2017. The first of those rules makes clear the purpose “is to set forth minimum standards for the investigation…
2017 TENNESSEE UNFAIR CLAIMS PRACTICES REGULATIONS – Replacement Cost Valuation Rules
I’ve just posted the new regulations promulgated by the Tennessee Department of Commerce and Insurance governing the investigation and disposition of claims arising under certain types of insurance issued to residents in Tennessee. We’ve attended the hearings that were held…
2017 TENNESSEE UNFAIR CLAIMS PRACTICES REGULATIONS
On July 11, 2017, the Tennessee Department of Commerce and Insurance filed the final version of new regulations governing the investigation and disposition of claims arising under certain types of insurance issued to residents in Tennessee. These regulations will take…