Insurance Disputes

Recently, we wrote a quick synopsis on all-risk policies vs. named perils policies. In that post, we covered some of the more common types of exclusions most Tennessee homeowners have in their named-perils policies. One we have not yet talked about is infestation. Just as brakes and tires are rarely covered under a warrantee, the…

In many professional and commercial liability policies is a provision called “defense within limits.” In a nutshell, a DWL provision means that the amount of your policy that can be paid out in a claim must include legal defense costs. As a policyholder, this puts you in a unique predicament: if you are being sued,…

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…

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…

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…

In an effort to avoid paying valid insurance claims, insurance companies often deny payment by claiming that a policyholder has made material misrepresentations either before the policy was issued or after the policy was issued. For example, the insurance company may claim that an insured “lied” on the application for insurance. In Tennessee, Tenn. Code…

The French poet Charles Baudelaire once said “The finest trick of the devil is to persuade you that he does not exist.” This is a particular trick of the insurance industry as well, though they call it “post-claims underwriting.” In short, post-claims underwriting means this: you purchase an insurance policy. You suffer a loss. You…

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…

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…