The Court of Appeals recently provided further insight on what type of misrepresentations increase the risk of loss. In the case of Freeze v. Tennessee Farmers Mutual Insurance Company, filed March 28, 2017 (Freeze v. TFMIC), the Eastern
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.
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Wildfires and Soot Testing
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…
When is Overhead and Profit Due in Tennessee?
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…
Water Damage from an Aquarium – Covered or Not?
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…
Winston Churchill and the Burden of Proof in an Arson Case
We all have heard Churchill’s commencement speech in 1941 where he included those famous words “never give in, never give in, never, never, never…” Brandon put an entry on the blog below about the burden of proof in an arson…
Tennessee Court of Appeals Reaffirms Limited Scope of Appraisal
Almost yearly (if not more frequently), insurance companies face the argument that the appraisal process provided by the typical insurance policy should be expanded. As a refresher, back in 2001, the Tennessee Court of Appeals issued its opinion in Merrimack…
What Do You Mean I Have to Cooperate?
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…
What is an Examination 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…
Insurance Companies Bear the Burden of Proving Arson
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…
When it Comes to Insurance Policies, There is No Difference in Cosmetic Damage and Functional Damage
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…