October 2014

Mold Claims in Tennessee – Policy Language Proves Important

October 24, 2014 • First Party Insurance Coverage Litigation, News, Property, Third Party Insurance Coverage Litigation • E. Jason Ferrell

Many insurance policies exclude damages caused by mold and fungi. Whether or not a loss caused by mold is covered under a policy will have to be made on a case-by-case basis. The wording of the policy and the specific facts of the loss will...

Agent and Insurer Liability Post Procurement of Policy in Tennessee

September 12, 2014 • Errors and Omissions Coverage and Litigation, First Party Insurance Coverage Litigation, News • E. Jason Ferrell

The Court of Appeals recently had an opportunity to revisit the issue of agent negligence when procuring the wrong coverage for an insured. In Steven Barrick and Janice Barrick v. State Farm Automobile Insurance Company and Thomas Harry Jones No. M2013-01773-COA-R3-CV, (Tenn. Ct. App. 2014),...

Time Limit Settlement Demands – What is the Insurance Company’s Responsibility?

July 14, 2014 • First Party Insurance Coverage Litigation, News, Third Party Insurance Coverage Litigation • E. Jason Ferrell

We are sometimes asked by insurance company representatives about how to respond to a plaintiff’s time limit settlement demand. There are no direct Tennessee cases on point on this issue, though Tennessee does have certain requirements in considering settlement demands against an insured. In Tennessee,...

Tennessee Court Reaffirms Individual’s Duty to Take Care for His Own Safety

June 24, 2014 • Civil Litigation, Insurance Defense Litigation, News • Steven J. Meisner

The Tennessee Court of Appeals recently ruled on a curious case of slip-and-fall. In the case of Petros Goumas v. Jimmy Mayse, et al., the Tennessee Court of Appeals in Knoxville found that the Trial Court correctly granted summary judgments to the defendants. The plaintiff...

Riad Decision Sheds Light on Tennessee Statutory Bad-Faith Claims

June 01, 2014 • First Party Insurance Coverage Litigation, News, Third Party Insurance Coverage Litigation • E. Jason Ferrell

I recently wrote about a recent Court of Appeals decision on an insurance contract claim concerning several issues that come up in first-party bad faith claims against insurers, including the admissibility of evidence that would ordinarily amount to hearsay and excluded from introduction at trial....

Tennessee Spoliation of Evidence – Intentionality and Prejudice

May 12, 2014 • Business and Contract Litigation, Civil Litigation, Construction Law, Dram Shop/Liquor Liability Law, Insurance Defense Litigation, News, Professional Liability • Steven J. Meisner

The doctrine of spoliation of evidence can cause major problems for both plaintiffs and defendants in civil litigation. Often times, months or years pass before the defendant is notified of a claim. As a result, defendants may have no notice that there is a duty...

Tennessee Legislature Repairs the Sinkhole Problem

May 12, 2014 • First Party Insurance Coverage Litigation, News, Property, Third Party Insurance Coverage Litigation • E. Jason Ferrell

The Tennessee Legislature recently amended T.C.A. § 56-7-130, the statute requiring insurance carriers offering homeowner’s insurance in the state to “make available” sinkhole coverage to their insureds. The new statute clarifies sinkhole coverage is optional and available upon request by the insured. This...

LOOK OUT! Those Cars with the Pink Mustache May Not Have Insurance Coverage

April 21, 2014 • Automobile and Trucking Law, Civil Litigation, News, Third Party Insurance Coverage Litigation, Uninsured Motorist • E. Jason Ferrell

Have you seen those cars around town with a pink mustache? The drivers of those cars are apparently associated with companies such as Lyft, Uber, and/or others. Through the use of a mobile app installed on a smartphone, rides may be provided to those who...

“Reverse” Bad Faith – Insurers Can Actually Recover for an Insured’s Bad Faith in Bringing a Lawsuit

March 24, 2014 • Arson and Insurance Fraud, First Party Insurance Coverage Litigation, News, Third Party Insurance Coverage Litigation • E. Jason Ferrell

Those who have worked in the insurance industry are familiar with threats of lawsuits alleging bad faith, and many have actually been involved in such lawsuits seeking bad faith penalties. What may be less-known is a provision in the Tennessee Code that actually allows insurance...

Dram Shop: New Tennessee Case Interpreting Dram Shop Act And Whether “Sale” Occurred.

February 18, 2014 • Dram Shop/Liquor Liability Law, News • Steven J. Meisner

There is a new case in Tennessee interpreting the language if Tennessee’s Dram Shop Act, Tenn. Code Ann. §§ 57-10-101 – 102. The case is Widner v. Chattanooga Entertainment, Inc. d/b/a Electric Cowboy, (Tenn. Ct. App., Nov. 4, 2014)(“Electric Cowboy”). This was an appeal by...