Recently, the United States Court of Appeals for the Sixth Circuit, in Lindenberg v. Jackson Nat’l Life Ins. Co., 912 F.3d 348 (6th Cir. 2018), ruled that a plaintiff may recover both bad faith damages and punitive damages...more
The Motor Vehicle Safety Whistleblower Program that originally passed through the U.S. Senate last summer but stalled in the House of Representatives has finally been signed into law by President Obama as part of the Fixing...more
Recently the Tennessee Supreme Court modified the summary judgment standard in state courts in the state of Tennessee. The Tennessee Supreme Court returned the state’s summary judgment standard to be consistent with the...more
The Tennessee Legislature recently reformed the law of sinkhole coverage and sinkhole losses in the State of Tennessee with legislation which became effective July 1, 2014. Under the prior Tennessee law, every insurer...more
Declaratory Judgment Action Interpreting the "Land Motorized Vehicle" Exclusion -
In Tennessee Farmers Mutual Insurance Co. v. Simmons, No. E2013-01419-COA-R30-CV (Tenn. Ct. App. July 15, 2014), the Tennessee Court of...more
10/8/2014
/ Appeals ,
ATV Accidents ,
Bodily Injury ,
Duty to Defend ,
Motor Carrier Act ,
New Legislation ,
Policy Exclusions ,
Property Insurance ,
Trucking Accident ,
Trucking Industry ,
Wrongful Death
In This Issue:
- COMMISSIONER OF TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE ISSUES POSITION ON FILING REQUIREMENTS OF NEW ENTERPRISE RISK FILING LEGISLATION:
On May 28, 2014, Governor Haslam signed...more
Recently, the Tennessee Court of Appeals issued an opinion involving the interpretation of an exclusionary clause in an automobile casualty insurance company. In the case of Weed v. First Acceptance Insurance Company of...more
In This Issue:
- ARBITRATION PROVISION WITHIN TENNESSEE’S UNINSURED MOTORIST STATUTE HELD NOT APPLICABLE TO INSURANCE POLICIES ISSUED AND DELIVERED OUTSIDE TENNESSEE:
The Tennessee Court of Appeals addressed the...more
In This Issue:
- TENNESSEE ATTORNEY GENERAL HOLDS THAT TENNESSEE STATUTE PROHIBITING PREFERENCES OR DISTINCTIONS IN CERTAIN INSURANCE TRANSACTIONS IS NOT UNCONSTITUTIONAL:
In its April 24, 2013 opinion, the...more
6/29/2013
/ Anti-Discrimination Policies ,
Bodily Injury ,
Breach of Duty ,
Commercial General Liability Policies ,
Damages ,
Discrimination ,
Economic Loss Doctrine ,
Emotional Injury Claims ,
Errors and Omissions Policy ,
Fiduciary Duty ,
Insurance Contracts ,
Intentional Infliction of Emotional Distress ,
Loss of Use ,
Loss of Value ,
Negligence ,
Unfair or Deceptive Trade Practices ,
Uninsured and Under-Insured Motorists
IN THE ISSUE:
- The Legal Challenge to the SEC’s Conflict Minerals Reporting Regulations:
In the 2010 Dodd-Frank Act, the United States Congress required, inter alia, the SEC to promulgate regulations requiring...more
In This Issue:
- AUTO REPAIR TRADE ASSOCIATION REQUESTS THAT DOJ INVESTIGATE THE USE OF MOST FAVORED NATION CLAUSES BY AUTO INSURERS:
Over the last several years, the use of most favored nation clauses by health...more