Policyholders and Contractors: Overhead & Profit
Overhead and profit is an issue that comes up quite often in the claims process. The question is this: Am I entitled to get overhead and profit for my project? Not always, but if you are reasonably likely to hire a general contractor to perform the work of your project, then you’re entitled to overhead…
Read MoreYour Remedies When Insurance Companies Negotiate in Bad Faith
Insurance companies often try to force you to take a bad settlement by refusing to negotiate with you in good faith. They know you want and need the money to make repairs, buy new goods, have the money you need to pay your bills, or have the costs to buy replacement goods. So, they may…
Read MoreWhat Are Insurance Examinations Under Oath?
An examination under oath is a formal proceeding that insurance companies use to investigate an insured’s claim. The insured should review any request for an examination under oath (EUO) with an experienced Tennessee insurance lawyer, because the insurance company will often try to use the EUO to deny a claim, reduce the amount that should…
Read MoreSingular Focus on Representing Policyholders
All I do are insurance claims. I work for the policyholder: for the person who suffered a loss, who’s not being paid enough, who’s not being paid at all, whose claim has not been denied. That’s all we do. We handle property claims primarily: homeowners, commercial, industrial, churches, non-profits – the whole gamut. From the…
Read MoreHow Can GRMB Help You with an Examination Under Oath (EUO)?
McWherter Scott & Bobbitt can help any policyholder insured – whether it’s a personal property claim, whether it’s a structure homeowner’s claim, or a commercial claim – prepare for the Examination Under Oath by assisting and gathering the documents, getting the Examination Under Oath scheduled at a time and a date that works for the…
Read MoreTennessee 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 MoreJudge Rules that Failure to Provide Notice to Insurers of Bank Means No Coverage
If you ever wanted to see an illustration of the how the vagaries of insurance terminology can be used against even large companies, look no further than a recent ruling against First Tennessee Bank. In order to understand why that ruling matters to policyholders, we need to look at the original case against the bank.…
Read MoreWhat Duty am I Owed by My Insurance Agent?
You know, listen, we all love our insurance agents; but the truth is they make mistakes, and sometimes those mistakes can cause problems on a claim that perhaps you’ve been paying premiums on for years. An insurance agent should help you obtain sufficient coverage. They should be sure to explain exclusions that may apply to…
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 MoreWhat Is an Examination Under Oath?
An examination under oath, or an EUO, is something that an insurance policy gives the insurance carrier the right to do. It gives them the ability to investigate your claim, where they’re going to sit down, most likely with a lawyer. That lawyer for the insurance company’s going to ask a series of questions to…
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