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 […]
Author Archive for: Jason Ferrell, Esq.
About Jason Ferrell, Esq.
Mr. E. Jason Ferrell is an attorney with the law firm of Brewer, Krause, Brooks & Chastain, PLLC. His practice emphasizes first and third-party insurance coverage matters, arson and insurance fraud, insurance defense and premises liability. Mr. Ferrell also counsels insurance companies on claims handling practices, including exposure to bad-faith and extra-contractual claims.
Entries by Jason Ferrell, Esq.
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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. […]
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 […]
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 […]