Case Results

$38,000,000+ – State Farm Alabama Labor Depreciation Class Action

In a class action case regarding State Farm’s practice of depreciating labor in the State of Alabama, MSB was appointed as co-class counsel and subsequently obtained court approval of a class action settlement in which State Farm agreed to pay claiming class members 100% of the labor depreciation withheld from ACV payments, plus interest.  State Farm also agreed to pay claiming class members a portion of amounts withheld from overhead and profit as depreciation. The value of the settlement was estimated at greater than $38 Million.

$11,500,000+ – State Farm Mississippi Labor Depreciation Class Action

In a class action case regarding State Farm’s practice of depreciating labor in the State of Mississippi, MSB was appointed as co-class counsel and subsequently obtained court approval of a class action settlement in which State Farm agreed to pay claiming class members 100% of the labor depreciation withheld from ACV payments, plus interest.  The value of the settlement was estimated at greater than $11.5 Million.

$10,000,000+ – Liberty Mutual Tennessee Labor Depreciation Class Action

In this class action case, MSB filed suit against various Liberty Mutual subsidiaries as a result of alleged labor depreciation when calculating actual cash value payments.  A federal court in Nashville ultimately approved a class action settlement in which the Liberty Mutual defendants agreed to make payments to claiming class members for the labor depreciation still withheld from ACV payments, plus interest.  The total estimated value of the settlement exceeded $10,000,000.

$8,900,000+ – Mississippi School District v. ABC Insurance Company

MSB represented a Mississippi school district in a dispute with its insurer regarding hail damage to dozens of buildings. After a lengthy dispute, the matter resolved for an additional insurance payment of more than $8.9 Million.

$7,000,000+ – Confidential Municipality v. ABC Insurance Company

After a dispute arose between a municipality and its insurer over the amount of loss associated with hail damage to dozens of city buildings, MSB assisted the city recover more than $7 Million in additional insurance proceeds.

$6,300,000+ – Metropolitan Insurance Labor Depreciation Class Action

In this class action case filed by MSB and its co-counsel on behalf of policyholders against Metropolitan as a result of alleged labor depreciation when calculating actual cash value payments, a federal court in Mississippi approved a class action settlement in which the Metropolitan agreed to make payments to claiming class members for the labor depreciation still withheld, plus interest. The total estimate value of the settlement exceeded $6.3 Million.

$6,000,000+ – Confidential Client v. ABC Insurance Company

MSB represented a business owner and assisted in recovering more than $6 Million in additional insurance proceeds.

$4,200,000+ – Selective Insurance Labor Depreciation Class Action

In this class action case filed by MSB on behalf of policyholders against various Selective insurers as a result of alleged labor depreciation when calculating actual cash value payments, a federal court in Nashville approved a class action settlement in which the Selective defendants agreed to make payments to claiming class members for the labor depreciation still withheld, plus interest. The total estimate value of the settlement exceeded $4.2 Million.

$4,000,000+ – USAA Labor Depreciation Class Action

In this class action case, MSB filed suit against various USAA insurers as a result of alleged labor depreciation when calculating actual cash value payments.  A federal court in Memphis ultimately approved a class action settlement in which the USAA defendants agreed to make payments to claiming class members for the labor depreciation still withheld from ACV payments, plus interest.  The total estimated value of the settlement exceeded $4,000,000.

$4,000,000 – Confidential Manufacturing Facility v. ABC Insurance Company

We were asked to take over representation of a client in an existing TN lawsuit and in less than a year, secured a resolution of the case for an additional payment of $4,000,000.

$3,900,000+– Industrial Facility v. AXIS Surplus Ins.

Industrial Facility v. AXIS Surplus Ins. (2014). The Firm represented a West TN business owner after a fire loss, and after a lengthy battle obtained a total settlement of more than $3.9 million for loss of business income and extra expense.

$3,300,000+ – Alexander Properties Group v. Commonwealth Ins. Co. (2013)

Alexander Properties Group v. Commonwealth Ins. Co. (2013). After a four-day arbitration trial involving a windstorm loss to two apartment complexes, the arbitrator awarded the Firm’s client more than $3,000,000. The insurance company had previously denied the claim and refused payment.

$2,975,000 – Mid-Century Ins. Co. and Foremost Ins. Co. Labor Depreciation Class Action

In these two class action cases filed by MSB on behalf of Tennessee policyholders against subsidiaries of the Farmers Insurance Group, a federal court approved class action settlements with a combined estimated value of $2,975,000.

$2,900,000+ – Confidential Client v. ABC Insurance Company

MSB assisted the owner of a commercial property recover more than $2.9 Million in additional insurance proceeds after the structure suffered hail damage.

$2,200,000+ – John Doe v. ABC Insurance Company

John Doe v. ABC Insurance Company. Assisted an East TN homeowner settle an insurance dispute for more than $2.2 million.

$2,200,000 – Banks v. Cincinnati Ins. Co. (E.D. Tenn. 2013)

Banks v. Cincinnati Ins. Co. (E.D. Tenn. 2013). In a case in which the insurance company alleged fraud and arson, the jury awarded the Firm’s clients more than $2.2 million.

$2,090,000 – Confidential Client v. ABC Insurance Company

MSB assisted the owner of a Tennessee shopping center recover more than $2 Million in insurance proceeds after hail damage to its roof.

$2,000,000+ – Auto-Owners Insurance Labor Depreciation Class Action

After the favorable Tennessee Supreme Court ruling in 2019 that insurance carriers may not depreciate labor when calculating actual cash value payments absent express policy language to the contrary, the United States District Court for the Middle District of Tennessee approved a class action settlement in which Auto-Owners agreed to pay 100% of the withheld labor depreciation to all Tennessee class members.

$2,000,000+ – National Security Labor Depreciation Class Action

In this class action case against National Security Fire & Casualty Company, a federal court in Memphis approved a class action settlement in which claiming class members would receive 100% of the labor depreciation still withheld from their actual cash value payments, plus interest. The value of the settlement was estimated to exceed $2 Million.

$1,985,000 – Confidential Client v. FCCI Insurance

MSB represented a Kentucky shopping center owner and assisted in the recovery of more than $1.9 Million in additional insurance proceeds after a hail damaged the property.

$1,750,000 – Central Baptist Church of Albany, Georgia, Inc. v. Church Mutual Insurance Company

The case involved a December 2014 hailstorm damaged the roof (which included asbestos tiles), as well as other parts of the building. The church disagreed with the repair estimate and hired McWherter Scott & Bobbitt. We invite you to read more here.

$1,700,000+ – Condo Complex v. Middlesex Ins. Co. (2013)

In this case, the Firm assisted a condominium complex defend an appraisal award after three fire losses, and ultimately obtained the client a settlement for a supplemental payment of more than $1.7 million.

$1,600,000+ – ABC Condo Association v. QBE Ins. Co. (CAU)

ABC Condo Association v. QBE Ins. Co. (CAU). Represented condominium association in claim for hail and wind damage after the insurance company initially valued the damage to the property at approximately $150,000. The claim ultimately was resolved at a total value of $1,785,000, an increase of more than $1.6 million.

$1,500,000 – John Doe v. John Doe Defendant (W.D. Tenn)

John Doe v. John Doe Defendant (W.D. Tenn). Brandon McWherter and Clint Scott served as counsel in a civil rights case against a governmental entity and its employee.  The case settled for $1,500,000.00.

$1,400,000+ – Allstate Mississippi Labor Depreciation Class Action

In this class action case against Allstate, a federal court in Mississippi approved a class action settlement in which claiming class members would receive 100% of the labor depreciation still withheld from their actual cash value payments, plus interest. The value of the settlement was estimated to exceed $1.4 Million.

$1,300,000+ – Confidential Client v. Confidential Ins. Co.

The firm assisted in the recovery of an additional payment of over $1.3 million on a Mississippi commercial insurance claim

$1,200,000 – John Doe v. ABC Insurance Company

John Doe v. ABC Insurance Company. Represented a commercial property owner after the insurance company denied its hail damage claim, ultimately resulting in a settlement of over $1.2 million.

$1,100,000+ – Confidential Condominium HOA v. Aspen Insurance

MSB assisted a condominium owners association recover more than $1,100,000 in additional insurance proceeds after storm damage to its buildings.

$1,050,000+ – Confidential Client v. Church Mutual Insurance Company

MSB represented a Middle Tennessee church with its claim for storm damage, resulting in an additional payment of over $1,050,000.

Multi-Million dollar results – Numerous condominium claims against QBE Ins. Co. (2013 and 2014)

Numerous condominium claims against QBE Ins. Co. (2013 and 2014). In the past year, the Firm has handled multiple claims against QBE Ins. Co. and Community Association Underwriters involving windstorm losses to condominium complexes. Below is a sampling of the results thus far: