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…

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…

Property damage is not always caused by only one peril. For example, wind or hail damage (covered perils) may occur to a roof that already has some age or deterioration (excluded perils). So, now what? Tennessee’s “substantial-factor” rule answers that question—and the Tennessee Court of Appeals recently applied it in Little v. United Services Automobile…

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…

If your home or business was damaged or destroyed by a wildfire, your property insurance coverage is supposed to be a lifeline. However, all too often, insurance companies deny wildfire damage claims or look for reasons to pay less than is owed, leaving claimants wondering how they will rebuild and recover. Fortunately, denials do not…

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 &…

Understanding the difference between wind vs. flood damage is essential when filing property insurance claims after a storm or hurricane. Separate insurance policies typically cover wind and flood damage, and how you handle them could be the difference between a fully paid claim and a denied one. Insurance treats wind and flood damage separately A…