Posts by Brandon McWherter
Tennessee Commissioner of Insurance Confirms: Insurers Have to Pay to Match
Let’s say that your home is damaged in a storm. You need to replace a part of your roof as well as a section of vinyl siding. The company that originally manufactured these products is no longer in business, or has discontinued the line – which means that the front of your home will feature…
Read MoreMisrepresentations on Your Insurance Application Can Result in Denial of Claims
In a recent appellate case, Freeze v. Tenn. Farmers Mut. Ins. Co., the Tennessee Court of Appeals again analyzed the effect of misrepresentations in applications for insurance. The Court began by referencing Tenn. Code Ann § 56-7-103), which provides that misrepresentations on an application will not void the policy unless the misrepresentation is made with…
Read MoreImportance of Having a Qualified Lawyer Review Your Policy
The only way to know what coverages you have are to read your policy. If you’re like me, nobody wants to actually sit down and read an insurance policy. I wouldn’t if it was my own personal home, but because I know about all of the problems that my clients have had – hundreds and…
Read MoreCan I Sue My Insurance Company if They Deny My Claim?
One of the questions we hear a lot from policyholders whose claims have been denied is, “Can I sue to recover my money?” The short answer to that question is “yes, but.” The simple truth is that many claim denials are appropriate, and in those cases any lawsuit that is filed would likely be unsuccessful.…
Read MoreWhat is a Proof of Loss?
One of the most often-overlooked pieces of the insurance claim process is the submission of a “proof of loss.” What is a proof of loss? It’s nothing more than a one-page document that, at the top, says “Sworn Statement in Proof of Loss,” and it is your claim. It is setting forth what you’re owed,…
Read MoreMoving Forward After the Fires: What You Should Know about Making a Claim for Soot, Ash or Smoke Damage
On November 28, 2016, Gatlinburg and the surrounding areas experienced firsthand the devastation of the wildfires. The wildfires that ripped through the Smokies led to the deaths of 12 people, and injured almost 200 more. Close to 18,000 acres burned in two separate locations, and hundreds of people either lost their homes or businesses, or…
Read MoreHomeowner Headaches: When the Insurance Company Pushes Back on O & P
Let’s say that the worst has come to pass, and your home has sustained a significant amount of damage (as it would in a house fire). In order to make your home livable again, you need to hire a general contractor, who in turn is going to work with a plumber and an electrician in…
Read MoreWhen Should I Hire a Lawyer?
At what point in the claim process do I get involved? That varies – so much so, sometimes. I’ve got clients now, former clients that have another loss that have called me the day after. So sometimes it happens very, very quickly. On the other end of the spectrum, I’ll have lawyers who are handling…
Read MoreWhy Did My Insurance Company Deny My Claim?
Imagine for a moment that a storm touches down in Tennessee and ravages your neighborhood. You put in a claim with your insurance company for the damage you sustained, dotting every “i” and crossing every “t.” Then the insurance company sends you some mail, and instead of the check you hoped for, you see a…
Read MoreTypes of Coverage Available in Most Homeowners’ Policies
There are a variety of different coverages available under every policy. First, you should know that every policy is different. A homeowner’s policy is going to have dramatically different coverages than a commercial policy. Usually in a homeowner’s policy, you’ll have Coverage A, which is the dwelling, Coverage B, which is other structures (often times),…
Read More