Posts by Clint Scott
What Happens When the Bed Bugs Bite?
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…
Read MoreKnow Your Policy – Defense Within Limits and Bad Faith Actions
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,…
Read MoreMisrepresentation Claims by Insurance Companies in Your Insurance Claim Dispute
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…
Read MoreThe Dirtiest Words in the English Language Are “Post-Claims Underwriting”
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…
Read MoreWhat You Don’t Know about Arbitration Clauses Could Hurt You in an Insurance Dispute
Because we handle a tremendous amount of insurance disputes each year, our team has a firm grasp on arbitration. (You can see a couple of examples right on my attorney bio page.) The average policyholder doesn’t know much about arbitration, though, and that can hurt you in the event that you ever need to make…
Read MoreCondos, Causation and Insurance Claims
When you purchase a unit in a condominium, you own the interior of that unit; the exterior (or from the studs-out, typically) is managed by a homeowners’ association (HOA). As part of your contract, you will pay HOA fees that go towards the upkeep of the land and outside structure. Part of those fees pay…
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