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 Dram Shop Act: “Visibly Intoxicated” Exception

November 11, 2013 • Dram Shop/Liquor Liability Law, News • Steven J. Meisner

The plain language of T.C.A. § 57-10-102(2) requires a sale of an alcoholic beverage or beer to “a visibly intoxicated person.” The adverb “visibly” means “capable of being seen” or “exposed to view.” Taking “visibly” together with “intoxicated”, the only logical conclusion is that Section...

Insured vs. Insurer – Who Bears the Burden in an Arson Case?

November 02, 2013 • Arson and Insurance Fraud, News • E. Jason Ferrell

Consider a fire claim under a homeowner’s policy where the carrier believes the insured, or someone at their direction, burned their home. When suit is eventually filed after denial of the claim, what burden does the insured bear? What about the insurer? Obviously, fire itself...

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...

News

Offer of Settlement Triggers Policy’s Suit Limitation Clause

Tennessee Dram Shop Act: “Visibly Intoxicated” Exception

Insured vs. Insurer – Who Bears the Burden in an Arson Case?

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

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