Can You Negotiate an Arbitration Clause?
An arbitration agreement or clause is a part of a contract in which parties agree that certain types of disputes may be handled through arbitration instead of litigation. If you sign a binding arbitration agreement, you relinquish your rights to pursue a remedy in court. But what if you are unhappy with the arbitration clause…
Read MoreReservation of Rights Letters
You have obtained liability insurance as a responsible property owner. In addition, you have paid your insurance premiums on time. Holding up your end of the bargain, you certainly have a right to expect your insurance company to be there for you if you become the object of a liability claim or suit. However, what…
Read MoreUsing the Policy’s Definitions to Your Advantage
The average person doesn’t always read his or her insurance policy, except in one or two instances – when it becomes necessary to file a claim or when an insurance claim is denied by the insurer. We understand why: these contracts are often filled with dense legal jargon, and reading them can seem like an…
Read MoreMold Issues and Filing a Successful Water Damage and Mold Claim
Insurance companies have traditionally sought to minimize the amount they pay for any mold or black mold claims. Some insurers will try to pay a sparse amount or nothing at all for anything associated with mold cleanup, even when a water event that causes water damage is covered, but also leads to indoor mold contamination.…
Read MoreCan Selling a Property Affect Your Insurance Claim?
Residential and commercial real estate sales occur on a daily basis. Usually, the title transfer of a sale occurs without much fanfare, regardless of whether the transaction involves a residential home or business real estate. The same is true when it comes to transferring insurance from the seller to the buyer. Up to the closing…
Read MoreHow Insurance Policy Exclusions Affect Insureds
Insurance policy exclusions can dramatically affect insureds who think that they are protected completely when dealing with fire, storm, wind, hail, theft or other issues with their property. An insurance battle stemming from Hurricane Harvey in Texas was recently settled out of court for an undisclosed amount. The plaintiff, a woman who owns multiple commercial…
Read MoreMatching Issues with Exterior Brick Damage
Having bricks installed on the exterior of your Tennessee home helps improve the overall appearance and value of the home. The problem with bricks, though, is that insurance companies often try to avoid paying for matching materials when repairs are required. Today, we’d like to look at why that is. Why are bricks problematic? Bricks…
Read MoreWhat Does a Claims Adjuster Do?
The claims adjuster is an important cog in the insurance machine. This person is responsible for coverage determination, investigation /evaluation of the claim and damage, and ultimately determining how much of a financial obligation the insurance carrier has and will pay on your claim. Understanding what it is a claims adjuster does can make it…
Read MoreWhy Was My Condo Insurance Claim Denied?
Tennessee has a lot of condominiums. When condo owners suffer losses, they sometimes face challenges that single-family homeowners don’t. The insurance company may deny the claim based on exclusions, or lowball the claim based on the type of damage done. Your personal condominium insurance policy, known as an HO-6 policy, will most often cover losses…
Read MoreAttorney Brandon McWherter Wins Insurance Policy Dispute Before Tennessee Supreme Court
The highest court in Tennessee ruled unanimously in favor of the policyholders on Monday April 15, 2019 when it ruled that insurance companies may not depreciate labor when calculating actual cash value. On a certified question from the U.S. District Court for the Middle District of Tennessee in the case of Gregory J. Lammert, et…
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