News

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 Spoliation of Evidence – Intentionality and Prejudice

May 12, 2014 • Business and Contract Litigation, Civil Litigation, Construction Law, Dram Shop/Liquor Liability Law, Insurance Defense Litigation, News, Professional Liability • Steven J. Meisner

The doctrine of spoliation of evidence can cause major problems for both plaintiffs and defendants in civil litigation. Often times, months or years pass before the defendant is notified of a claim. As a result, defendants may have no notice that there is a duty...

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...

LOOK OUT! Those Cars with the Pink Mustache May Not Have Insurance Coverage

April 21, 2014 • Automobile and Trucking Law, Civil Litigation, News, Third Party Insurance Coverage Litigation, Uninsured Motorist • E. Jason Ferrell

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...

“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...

Dram Shop: New Tennessee Case Interpreting Dram Shop Act And Whether “Sale” Occurred.

February 18, 2014 • Dram Shop/Liquor Liability Law, News • Steven J. Meisner

There is a new case in Tennessee interpreting the language if Tennessee’s Dram Shop Act, Tenn. Code Ann. §§ 57-10-101 – 102. The case is Widner v. Chattanooga Entertainment, Inc. d/b/a Electric Cowboy, (Tenn. Ct. App., Nov. 4, 2014)(“Electric Cowboy”). This was an appeal by...

Duty to Provide Security: General and Specific Threat of Third Party Criminal Conduct

February 10, 2014 • Civil Litigation, Dram Shop/Liquor Liability Law, Insurance Defense Litigation, News • Steven J. Meisner

The Tennessee Court of Appeals has penned a new decision addressing the duty of a bar to protect its patrons from the foreseeable criminal acts of third parties. The case name is Nicole Goeser, et al., v. Live Holdings Corporation, et al., (No. M2012-01241-COA-R3-CV; September...

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...

New Tennessee Case Quantifying An Excessive Remittitur

December 16, 2013 • News • Steven J. Meisner

In the recent case of Adams v. Since adju Leamon, et al., No. E2012-01520-COA-R3-CV (Tenn. Ct. App., September 16, 2013), the Court rejected the trial court’s remittitur reducing a jury verdict by over 70%. Having recently dealt with the question of whether to appeal a...