Entries by Jason Ferrell, Esq.

INCLUDE PUBLIC ADJUSTER ON PAYMENT TO INSURED?

The question often comes up as to whether a public adjuster hired by the insured should be listed on payments made under the policy for the insured’s claim.  Many public adjusters provide insurance companies with an assignment signed by the insured requesting the public adjuster or public adjusting firm be named on any loss payments […]

Mold Claims in Tennessee – Policy Language Proves Important

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 control this determination. Most policies generally provide coverage for direct […]

Agent and Insurer Liability Post Procurement of Policy in Tennessee

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), the Barricks initially obtained automobile insurance through State Farm with […]

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

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, insurance carriers who have exclusive control over investigation and settlement […]

Riad Decision Sheds Light on Tennessee Statutory Bad-Faith Claims

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.  See John Riad v. Erie Insurance Exchange, E2013-00288-COA-R3CV, (Tenn. Ct. […]

Tennessee Legislature Repairs the Sinkhole Problem

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 is important because while the prior statute required insurance companies to “make […]

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

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 might otherwise have called for a taxi or have taken […]

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

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 carriers to bring suit against the insured for bad faith.  […]

Polar Vortex Affects Tennessee – What to do About these Freezing Claims

If you read the news recently, a polar vortex is apparently responsible for the recent extreme cold temperatures throughout the nation.  Here in Middle Tennessee, temperatures have been falling into the single digits, with some temperatures near zero.  As you might imagine, this extreme temperature has resulted in what is certain to amount to thousands […]

Statements Showing Insurer State of Mind Are Non-Hearsay and Relevant to Bad Faith Claims

A recent Court of Appeals decision on an insurance contract claim brought to light several issues that come up in first-party bad faith claims against insurers.  The Court of Appeals recently affirmed a trial court decision of an insurance case in John Riad v. Erie Insurance Exchange, E2013-00288-COA-R3CV, (Tenn. Ct. App. Oct. 31, 2013).  Though […]