Tennessee’s Insurance Bad-Faith Penalty: What It Takes to Recover the 25% Statutory Penalty

When hurricanes, tornadoes, storms, fires, and other disasters strike, property owners expect their insurance companies to investigate the claim and pay what the insurance policy requires. Prompt and accurate payment can be critical to securing damaged property, making repairs, or getting a business back up and running. What the insurer owes ultimately depends on the…

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Two Kentucky Property Insurance Cases, Two Missed Suit Deadlines: Why Policyholders Cannot Ignore Contractual Limitations Periods

Your Policy’s Deadline to Sue May Be Shorter Than You Think Here is a scenario that plays out more often than it should: a policyholder suffers a devastating fire, files a property insurance claim, and then spends months—sometimes more than a year—waiting on the insurance company to finish its investigation. Throughout the claim process, the…

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How to Properly Document Storm Damage for a Successful Insurance Claim

Properly documenting storm damage could be the difference between a successful property insurance claim and a delay or denial. Doing things correctly and in a timely fashion could increase your chances of getting full and fair payment, quickly and easily. Remember, however, that your safety should always be your number one priority. McWherter Scott &…

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McWherter Scott & Bobbitt Welcomes David Riley to the Firm

David Riley has joined McWherter Scott & Bobbitt and will work out of our Memphis office. With more than 25 years in civil litigation, David brings a wealth of experience to the Firm. Over the course of his career, he has handled insurance matters, personal injury claims, wrongful death cases, commercial disputes, and other complex…

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Steps To Take If Your Flood Insurance Claim Is Denied

Most homeowners’ insurance policies do not cover flood damage. For that reason, many people who live in areas prone to flooding purchase separate flood insurance. That coverage is often provided through the National Flood Insurance Program (NFIP), though some private insurers also offer flood policies. Even with coverage in place, flood claims do not always…

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5 TIPS – PROPERTY DAMAGE INSURANCE CLAIMS

When disaster strikes your home, business, or other property, the steps that you must take can seem overwhelming as you try to figure out how to rebuild and start again. Most people feel lost in the process, especially when it comes to filing an insurance claim. Below are 5 simple tips that will help any…

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Can You Negotiate an Arbitration Clause?

An arbitration agreement or clause is a part of a contract in which parties agree that certain types of disputes may be handled through arbitration instead of litigation. If you sign a binding arbitration agreement, you relinquish your rights to pursue a remedy in court. But what if you are unhappy with the arbitration clause…

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Reservation of Rights Letters

You have obtained liability insurance as a responsible property owner. In addition, you have paid your insurance premiums on time. Holding up your end of the bargain, you certainly have a right to expect your insurance company to be there for you if you become the object of a liability claim or suit. However, what…

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Using the Policy’s Definitions to Your Advantage

The average person doesn’t always read his or her insurance policy, except in one or two instances – when it becomes necessary to file a claim or when an insurance claim is denied by the insurer. We understand why: these contracts are often filled with dense legal jargon, and reading them can seem like an…

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Matching Issues with Exterior Brick Damage

Having bricks installed on the exterior of your Tennessee home helps improve the overall appearance and value of the home. The problem with bricks, though, is that insurance companies often try to avoid paying for matching materials when repairs are required. Today, we’d like to look at why that is. Why are bricks problematic? Bricks…

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