Commissioner Confirms Insurers Must Pay for Matching
Parks recently posted about the new Rules adopted by the Tennessee Commissioner of Insurance that go into effect on October 9, 2017. The first of those rules makes clear the purpose “is to set forth...
View ArticlePost-Loss Assignment of Claims are Valid in Tennessee
Not so fast Mr. Adjuster, my assignment of claim is valid even if the insurance policy says its not. Time and time again, contractors and purchasers of property impacted by a loss have come to me...
View ArticleTN Supreme Court Rules Labor Cannot be Depreciated
For the past few years, I’ve been involved in several labor depreciation cases around the Southeast, including one right here in Tennessee against Auto-Owners. The threshold legal question in that...
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Massive Tornado and Hailstorm Hits Tennessee
This past Sunday morning I boarded a plane for Naples, FL for a mediation in one of the labor depreciation class actions my firm is handling. When I left, I had no idea that when I returned a few...
View ArticleTips for TN Policyholders Impacted by the March 3, 2020 Storm
The storm has passed and a new wave of obstacles and hurdles are sure to follow in its wake. Out-of-state adjusters have already flooded the area, and not all of them know and understand...
View ArticleOSHA Compliance is the Law . . . But it’s Not an Ordinance or Law for...
The Occupational Safety and Health Act was signed into law in 1970 by President Nixon, and the Occupational Safety and Health Administration (OSHA) was simultaneously created to implement, administer,...
View ArticleRecent Developments – Appraisal in Tennessee, 2021 (Part 1)
In 2021, courts across Tennessee issued a handful of decisions that continue to define the nuances of the Tennessee Court of Appeals’ opinion in Merrimack v. Batts that is now twenty years old. Suffice...
View ArticleRecent Developments – Appraisal in Tennessee, 2021 (Part 2)
Earlier this week I posted about the recent Ingram v. State Farm case in which a federal court in the Eastern District of Tennessee obliterated State Farm’s defense that appraisal was inappropriate for...
View ArticleRecent Developments – Appraisal in Tennessee, 2021 (Part 3)
Over the past few posts, I’ve explored a couple of recent opinions from federal courts in the Eastern and Middle Districts of Tennessee that explored the appropriate use of appraisal in resolving...
View ArticleRecent Developments – Appraisal in Tennessee, 2021 (Part 4)
Last week, we looked at Magistrate Judge York’s October 2021 opinion in Smith v. State Farm, in which State Farm was ordered to proceed with an appraisal of the loss as properly invoked by Ms. Smith....
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