First Party Insurance Coverage Litigation

Mold Claims in Tennessee – Policy Language Proves Important

October 24, 2014 • First Party Insurance Coverage Litigation, News, Property, Third Party Insurance Coverage Litigation • E. Jason Ferrell

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...

Agent and Insurer Liability Post Procurement of Policy in Tennessee

September 12, 2014 • Errors and Omissions Coverage and Litigation, First Party Insurance Coverage Litigation, News • E. Jason Ferrell

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),...

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

July 14, 2014 • First Party Insurance Coverage Litigation, News, Third Party Insurance Coverage Litigation • E. Jason Ferrell

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,...

Riad Decision Sheds Light on Tennessee Statutory Bad-Faith Claims

June 01, 2014 • First Party Insurance Coverage Litigation, News, Third Party Insurance Coverage Litigation • E. Jason Ferrell

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....

Tennessee Legislature Repairs the Sinkhole Problem

May 12, 2014 • First Party Insurance Coverage Litigation, News, Property, Third Party Insurance Coverage Litigation • E. Jason Ferrell

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...

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

March 24, 2014 • Arson and Insurance Fraud, First Party Insurance Coverage Litigation, News, Third Party Insurance Coverage Litigation • E. Jason Ferrell

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...

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

January 31, 2014 • First Party Insurance Coverage Litigation, News, Property • E. Jason Ferrell

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...

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

January 01, 2014 • First Party Insurance Coverage Litigation, News • E. Jason Ferrell

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...

Offer of Settlement Triggers Policy’s Suit Limitation Clause

December 02, 2013 • Errors and Omissions Coverage and Litigation, First Party Insurance Coverage Litigation, News, Third Party Insurance Coverage Litigation • E. Jason Ferrell

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...

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

October 02, 0013 • First Party Insurance Coverage Litigation, News, Third Party Insurance Coverage Litigation • E. Jason Ferrell

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...