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 Tennessee Attorney General opined that the Tennessee Unfair Competition and Unfair or Deceptive Practices Act, which prohibits preferences or distinctions in certain insurance transactions, is not unconstitutional. The statute at issue, Tenn. Code Ann. § 56-8-104(18)(A), provides as follows...

- LOSS OF VALUE ? “LOSS OF USE”

In Tennessee Farmers Mut. Ins. Co. v. Reed, No. E2012-01392-COA-R3-CV, 2013 Tenn. App. LEXIS 382 (Tenn. Ct. App. June 10, 2013), the Tennessee Court of Appeals recently held that the plain meaning of “loss of use” does not include loss of value or economic loss...

- MIND VERSUS BODY: DOES “BODILY INJURY” ENCOMPASS PURELY EMOTIONAL OR MENTAL HARM?

In Garrison v. Bickford, 377 S.W.3d 659 (Tenn. 2012), the Tennessee Supreme Court was called upon to determine whether emotional distress, standing alone, falls within the ambit of “bodily injury” as that term was used not only in the uninsured motorist policy at issue in the case, but is also used in Tennessee’s uninsured motorist statute...