Memphis Fire, Smoke, and Ash Insurance Dispute Lawyers
Experienced representation when fire damages your property and possessions in Tennessee
Over $250 million recovered for policyholders
It can take years to save the money to buy your home or business. In less than a minute, a fire can destroy your property and all your possessions. The fire, smoke, and ash damage often means home and business owners must move to temporary living quarters. At McWherter Scott & Bobbitt, our lawyers help fire insurance policyholders obtain emergency funds to move.
Our Memphis fire, smoke, and ash insurance dispute attorneys work with building inspectors and fire officials to determine whether your insurance carrier should pay for the cost to repair your real property, rebuild, or pay you to move to another location. We work with appraisers to assess the value of the damage to your personal possessions and business assets.
Our Memphis fire insurance claim lawyers have secured the following recoveries in fire insurance claims, among others:
- $3,900,000. We helped a West Tennessee business owner obtain this settlement for the loss of business income and expenses after a fire.
- $2,200,000. In the case Banks v. Cincinnati Ins. Co. (E.D. Tenn. 2013), the insurance company alleged fraud and arson. We represented the policyholder who the jury awarded more than $2.2 million.
- $950,000+. We obtained this settlement amount in a case in the U.S. District Court for the Middle District of Tennessee on behalf of the owners of a restaurant damaged by a fire.
- $600,000+. We obtained this recovery for an East Tennessee business owner after a fire loss to their property.
- $550,000+. Brandon McWherter represented an East Tennessee residential policyholder and obtained a supplemental insurance payment of more than $550,000 after a residential house fire.
What damage does fire insurance cover in Memphis, Tennessee?
Generally, your homeowner’s insurance policy should cover damages due to fire, ash, smoke, soot, flames, and water damage to extinguish the fire. The specific terms of your insurance policy will determine what damages are covered and what exceptions or conditions apply.
A typical homeowners’ insurance policy in Tennessee should cover the following fire damages:
- Your house or any other dwelling. The policy should pay for the cost of repairing or rebuilding your home, depending on the severity of the fire damage. If rebuilding is not possible, under policy terms, the insurer may provide the actual cash value or replacement cost up to the policy limits, depending on the policy’s structure. The insurance proceeds should also cover garages, sheds, and other attached or detached structures.
- Personal contents. At McWherter Scott & Bobbitt, we work with appraisers to determine the cost to repair or replace any personal possessions damaged by the fire. Your possessions generally include furniture, appliances, clothing, jewelry, computer devices, and other valuables. Homeowners can help themselves prepare for this type of situation by keeping an inventory of their contents in a fireproof container, the computer cloud, or a place away from their home.
- Loss of use. Your fire insurance coverage should pay for the cost of a temporary place to live while your home is being repaired or rebuilt, all related moving expenses, and all other emergency living expenses, such as the cost of eating at restaurants.
Owners of businesses should purchase commercial insurance that covers the damage to their building and contents. Businesses should also purchase business interruption insurance to pay for the following damages while they repair, rebuild, or move to a new location:
- The damage to equipment and inventory
- Relocation and marketing expenses (under business interruption or extra expense coverage, depending on the policy)
- Loss of ingress/egress
- Lost profits
Businesses should also take steps to prepare an accounting of their assets, inventory, income, and other financial information in the event of a fire.
What different types of fire insurance claims do you handle in Memphis?
McWherter Scott & Bobbitt has the experience and working relationships to handle all types of disputes. Common fire disputes include the following:
- Some insurance carriers may say that the policyholder intentionally caused the fire to collect the insurance proceeds. Our Memphis fire insurance claim lawyers work with fire officials and experts to defend this type of claim.
- Rebuild versus repair. Generally, the cost to repair your home or possessions is less than the cost to rebuild. We work with experts to show when repairs are reasonable and when rebuilding is necessary. When fires happen in Memphis, it’s critical to work with experts who can examine hidden damages to help show when rebuilding is safer and wiser.
- Replacement value versus fair market value. The amount of your damages normally depends on whether you purchase insurance that pays for the value of your property and possessions or the cost to replace your property and possessions.
- Determining the correct values. There are different ways to place a value when home and business owners need repairs, rebuilding, or replacement. At McWherter Scott & Bobbitt, we work with experts to determine the correct value of whatever type of remedy the fire damage necessitates. There are many different ways to place a value on homes and businesses, depending on the type of building (such as a stand-alone home, townhouse, duplex, condominium, or apartment complex), the age of the property, and the work that needs to be done. We also work with experts when the tenants of properties need to relocate.
- Related fire insurance claims.Our Memphis fire insurance lawyers work with experts who examine your property for all types of related damage. These related damages include ash, water, smoke, and soot damage.
- Valuing personal possessions and business assets. We work with appraisers who can value every type of personal property (and business property) you have. These values include repair costs, fair market value, replacement costs, and depreciation costs.
- Bad faith negotiations. Our insurance dispute lawyers hold insurance companies liable when they try to force policyholders into a bad settlement by improperly denying claims, refusing to investigate your claim, or delaying your claim.
How do you advocate for Memphis fire insurance victims?
At McWherter Scott & Bobbitt, we move quickly as soon as we begin our representation. Our Memphis fire insurance lawyers work to:
- Obtain advances. We work to convince your insurance carrier to advance the money you need for temporary living quarters, food, and other necessities while the work is being done on your home or business. Our lawyers may request advance payments when allowed under your business interruption coverage. This helps for-profit and non-profit businesses to notify their clients, obtain rental equipment, meet payroll and fixed overhead expenses, and pay for other necessities to continue operating their business until the original business can be restored.
- Determining the full scope of the damages. We work with building experts, electricians, plumbers, home construction businesses, engineers, architects, and others to determine what damage you have, what repairs are necessary, when rebuilding is necessary, and many other damage issues.
- Placing the proper values on your property. As we discussed above, there are different ways to value real property, personal property, and business income. There are different values depending on whether you repair or rebuild the property, or you permanently relocate.
- Securing your property. We work with emergency officials, utility experts, and other professionals to secure your property until you receive the advances and damages you deserve.
Our Memphis insurance dispute lawyers skillfully negotiate with insurance companies during all phases of your claim. If your insurance carrier refuses to pay the damages you deserve, our trial lawyers are always ready to argue your case in the appropriate Memphis court or arbitration panel.
Do you have a Memphis fire insurance claim lawyer near me?
Our office is located at 6000 Poplar Avenue, Suite 250, in Memphis, Tennessee. We can also discuss claims by phone and video.
We’re prepared to help you address your immediate insurance needs, such as additional living expenses to assist you in finding a place to live, as well as fighting to restore your property and to recover compensation for all your financial losses.
Get help from our Tennessee fire insurance claims lawyers today
We understand how upset and confused you are. On top of worrying about where you’ll live or work and how severe the damage is, your insurance company may be trying to avoid paying you the money you need to move and restore your property and your possessions. Fire insurance companies should fully compensate you for property damage, business interruption damages, and all other covered damages.
At McWherter Scott & Bobbitt, we are trusted by former clients and respected by insurance companies and defense lawyers for our thorough preparation, strong advocacy, and record of insurance recoveries. Please call our Memphis fire, smoke, and ash lawyers or fill out our contact form to schedule a consultation.
We also represent policyholders throughout Tennessee and in Mississippi, Kentucky, Alabama, Georgia, Missouri, and Arkansas.