Posts by Brandon McWherter
Kentucky’s Unfair Claims Settlement Practices Act: What Policyholders Should Know About Bad Faith
If an insurance company in Kentucky fails to handle a claim in good faith, the policyholder may have remedies under the insurance policy and Kentucky law. But not every claim denial, delay, or disagreement over the amount owed constitutes bad faith. Kentucky imposes a demanding legal standard for a bad faith claim. At McWherter Scott…
Read MoreMcWherter Scott & Bobbitt Attorneys Recognized by Best Lawyers for 2027
McWherter Scott & Bobbitt is proud to announce that four of our attorneys have earned recognition in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America, including a “Lawyer of the Year” honor for firm co-founder Clint Scott. Scott was named the Best Lawyers® 2027 Insurance Law…
Read MoreThe Impact of Hailstorms on Roofs: Insurance Claim Filing Considerations
Hailstorms occur across many parts of the United States each year and can cause significant damage to residential and commercial roofing systems. Even relatively short storms can produce hail large enough to compromise shingles, metal roofing components, and other roof materials.When those storms hit, roofs tend to take the brunt of the damage. Shingles can…
Read MoreTennessee and Kentucky Are Sending A Similar Message To Insurers: Remote Imagery Has Limits
Insurers are using satellite images, drone photos, and other aerial imagery more often in underwriting and property claims. Tennessee addressed that trend in Bulletin 25-03, warning that aerial imagery should be only one tool among many and that blurry, outdated, or imprecise imagery cannot reasonably justify denial of a property-damage claim. Tennessee also tied that…
Read MoreFederal Court Enforces Appraisal Award for Full Roof Replacement in Important Win for Tennessee Policyholders
An important new opinion regarding property insurance appraisals was just issued by Judge Aleta A. Trauger in the United States District Court for the Middle District of Tennessee in Nashville Commc’ns, Inc. v. Auto-Owners Mut. Ins. Co., No. 3:24-cv-01020, 2025 U.S. Dist. LEXIS 223455 (M.D. Tenn. Nov. 13, 2025). McWherter Scott & Bobbitt proudly represents…
Read More4 Factors That Could Affect Your Storm Damage Claim
The recent tornados in Tennessee caused extensive damage throughout Middle Tennessee. Since March 3, 2020, adjusters have flooded Davidson, Dickson, Putnam, Smith and Wilson Counties, as policyholders start filing claims for their losses. There is no doubt that there will be much work to do to help families and businesses get up and running again,…
Read MoreWas Hotel Damage from Hurricane? Insurer Says No
MS Amlin insurance company sued the policyholders of a Florida hotel, stating that Hurricane Irma did not cause the more than $1 million in damages claimed. Instead, they argued that the majority of the building’s issues already existed before the September 2017 storm, and were mostly the result of shoddy construction work. The lawsuit The…
Read MoreDenied Rightful Benefits? Check These Water-Based Insurance “Loopholes”
Being a homeowner isn’t always easy. There’s so much that goes into owning a home, including having an insurance policy that protects you from various dangers. But, does your insurance policy actually protect you? Many insurance policies have different riders that wind up costing the homeowners more than just their premium when damage is done…
Read MoreHow Misrepresentation Can Void Your Insurance Policy – A Must-Read
A court decision in Tennessee regarding a homeowners’ insurance policy recently caught our eye. We thought it was a great opportunity to talk about the concept of misrepresentation and fraud. In the case of Conley v Tennessee Farmers, Dolores Conley brought suit against her homeowners insurance company, requesting they pay her claim for damages after…
Read MoreHome-Based Business and Business Interruption
More and more people are working from home these days, whether it’s full-time for a brick-and-mortar company, as telecommuters, or as independent business owners. Because of the increase in work-at-home employees, it’s important to look at how insurance policies protect your home-based business property in the event of damage. 2018 was filled with horrific catastrophes…
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