Posts by Brandon McWherter
Making a Claim of Bad Faith against Your Insurer in Tennessee
When you purchase an insurance policy – homeowners, auto, commercial, etc. – you do so assuming that your insurance company will act in good faith and honor the claims you make, provided that claim is covered by the policies you have bought. When an insurer deliberately denies a claim for unjust reasons, you may be…
Read MoreBurning Down the House: Arson and Homeowners’ Insurance in Tennessee
In our piece about homeowners’ policy exclusions, we listed “intentional acts” as one of the more common exclusions. Arson – the deliberate act of setting fire to a property – will normally fall under “intentional acts.” Insurance policies almost always cover fire, but there’s a huge difference between a grease fire in the kitchen and…
Read MoreMandatory Arbitration? Time to Check Your Policy
There is a dangerous new issue in the insurance world regarding arbitration clauses. Though most insurance policies usually do not have forced arbitration clauses, recent news from Texas makes it apparent that at least some carriers are trying to go that route. As Tennessee is one of the many states with no statutes in place…
Read MoreShouldn’t You Already Have That on File? Why Cooperation May be the Key to Your Policy
The worst has happened; there’s been a fire in your home, or a windstorm damaged the roof and walls, or some other horrific thing has occurred and rendered your house unlivable. So you put your claim in to the insurance company, who turns around and asks for a tremendous amount of paperwork – paperwork that…
Read MoreUgly is Beautiful: Your Insurance Company Probably Has to Pay for Cosmetic Damage Claims
This is one of those examples that make insurance dispute lawyers angry. Let us say that a rogue thunderstorm sweeps through town, causing the trees to shake loose of branches, limbs and acorns. After the storm, you realize that your roof is stippled like a golf ball. It is still functional, and there is no…
Read MoreThe Tennessee Homeowner’s Guide to Insurance Policy Exclusions
When we buy homeowners insurance, we mostly think about what we want it to cover: a fire, wind or hail damage, earthquake – those types of things. What most people don’t think about (and what they really should) is what their policies don’t cover. These are called exclusions, and they can vary from policy to…
Read MoreSubmitting to an Examination Under Oath in an Insurance Dispute
When you make a claim to your insurance company, you may be asked to submit to an Examination Under Oath (EUO). Insurers often use the EUO process as a way to vet claims before they make a payment. EUOs are becoming more and more common, and often indicate there is a red flag of some…
Read MoreIf Your Business Is Online, You May Face Different Challenges for Business Interruption Claims
When you work in a brick-and-mortar shop – a retail outlet, a trading company, a restaurant – and catastrophe hits, you can put a claim in for business interruption. (In case you’re new to the insurance claim game, “business interruption” claims are claims for the money you lost while your business could not proceed, more…
Read More“Your Claim Is Under Investigation,” and Other Reasons You Might Need an Insurance Attorney
Few words strike fear into the heart of a policyholder like “Your claim is under investigation.” It’s understandable: you pay your premiums every month in case something happens, so it can be hard to reconcile your “good” behavior with a potential hold-up in the process. Here’s what you need to remember: your insurance company covers…
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