First Party Insurance Coverage Litigation

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),...

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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,...

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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....

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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...

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“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...

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Offer of Settlement Triggers Policy’s Suit Limitation Clause

Most homeowners’ policies and other commercial property insurance policies contain suit limitations clauses, also known as “Suit Against Us” clauses, limiting the time period upon which an insured may bring suit against the insurer. Tennessee Courts have considered such clauses with respect to denials of...

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Tennessee Court Finds Low Threshold to Constitute “Regular or Frequent” Use of an Auto

The Tennessee Court of Appeals recently provided a bit more guidance with respect to the specific facts necessary to demonstrate regular or frequent use of an automobile as to trigger application of an important policy exclusion. The Court’s recent opinion in Kelley Weed v. First...

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