News & Articles

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Dedmon is Dead

We have now received the long-awaited decision from the Tennessee Supreme Court in Dedmon v. Steelman.  The Court declined to extend the holding in West v. Shelby County Health Care Corp. to personal injury cases.  West held that “reasonable charges” for medical services under Tennessee’s Hospital Lien Act are the...

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Exculpatory Clauses in TN

I’m often asked whether a party can disclaim negligence in a contract. The answer is “yes” unless you are providing professional services, such as legal services, medical treatment or home inspections.  The following is a brief highlight of the law that applies. It is well settled...

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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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