Posts by Brandon McWherter
Moving Forward After the Fires: What You Should Know about Making a Claim for Soot, Ash or Smoke Damage
On November 28, 2016, Gatlinburg and the surrounding areas experienced firsthand the devastation of the wildfires. The wildfires that ripped through the Smokies led to the deaths of 12 people, and injured almost 200 more. Close to 18,000 acres burned in two separate locations, and hundreds of people either lost their homes or businesses, or…
Read MoreHomeowner Headaches: When the Insurance Company Pushes Back on O & P
Let’s say that the worst has come to pass, and your home has sustained a significant amount of damage (as it would in a house fire). In order to make your home livable again, you need to hire a general contractor, who in turn is going to work with a plumber and an electrician in…
Read MoreWhen Should I Hire a Lawyer?
At what point in the claim process do I get involved? That varies – so much so, sometimes. I’ve got clients now, former clients that have another loss that have called me the day after. So sometimes it happens very, very quickly. On the other end of the spectrum, I’ll have lawyers who are handling…
Read MoreWhy Did My Insurance Company Deny My Claim?
Imagine for a moment that a storm touches down in Tennessee and ravages your neighborhood. You put in a claim with your insurance company for the damage you sustained, dotting every “i” and crossing every “t.” Then the insurance company sends you some mail, and instead of the check you hoped for, you see a…
Read MoreTypes of Coverage Available in Most Homeowners’ Policies
There are a variety of different coverages available under every policy. First, you should know that every policy is different. A homeowner’s policy is going to have dramatically different coverages than a commercial policy. Usually in a homeowner’s policy, you’ll have Coverage A, which is the dwelling, Coverage B, which is other structures (often times),…
Read MoreMaking a Claim of Bad Faith against Your Insurer in Tennessee
When you purchase an insurance policy – homeowners, auto, commercial, etc. – you do so assuming that your insurance company will act in good faith and honor the claims you make, provided that claim is covered by the policies you have bought. When an insurer deliberately denies a claim for unjust reasons, you may be…
Read MoreBurning Down the House: Arson and Homeowners’ Insurance in Tennessee
In our piece about homeowners’ policy exclusions, we listed “intentional acts” as one of the more common exclusions. Arson – the deliberate act of setting fire to a property – will normally fall under “intentional acts.” Insurance policies almost always cover fire, but there’s a huge difference between a grease fire in the kitchen and…
Read MoreMandatory Arbitration? Time to Check Your Policy
There is a dangerous new issue in the insurance world regarding arbitration clauses. Though most insurance policies usually do not have forced arbitration clauses, recent news from Texas makes it apparent that at least some carriers are trying to go that route. As Tennessee is one of the many states with no statutes in place…
Read MoreShouldn’t You Already Have That on File? Why Cooperation May be the Key to Your Policy
The worst has happened; there’s been a fire in your home, or a windstorm damaged the roof and walls, or some other horrific thing has occurred and rendered your house unlivable. So you put your claim in to the insurance company, who turns around and asks for a tremendous amount of paperwork – paperwork that…
Read MoreUgly is Beautiful: Your Insurance Company Probably Has to Pay for Cosmetic Damage Claims
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…
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