Equal Access to Intrastate Commerce Act

August 24th, 2011   •   Comments Off on Equal Access to Intrastate Commerce Act   

The state legislature has recently imposed limitations on the authority of cities and counties to adopt their own ordinances or resolutions extending nondiscrimination requirements to groups not currently protected by state law. Currently, the Tennessee Human Rights Act (“THRA”) prohibits discrimination against individuals based on their “race, creed, color, religion, sex, age or national origin.”… Read More

LET’S MAKE IT EASIER: ADA Amendments Act and Regulations

August 24th, 2011   •   Comments Off on LET’S MAKE IT EASIER: ADA Amendments Act and Regulations   

Recently, while preparing materials for a presentation on the ADA Amendments Act and the newly released regulations, I told a colleague that I could merely walk in the room, say “everyone is disabled” and then walk out. That would be the extent of my presentation because as the regulations clearly state: The purpose of the… Read More

A Court Win for Asset Protection Planning

July 26th, 2011   •   Comments Off on A Court Win for Asset Protection Planning   

In recent years, asset protection planning has become as prevalent and as important as basic estate planning. Retirement funds are a category of assets exempt from execution by creditors, both under Tennessee law (TCA §26-2-105), and under the United States Bankruptcy Code (USC §522(d)(12)). In a recent U. S. District Court case in Texas, the… Read More

Agents and Insurers Beware! Tennessee Law is Not Always on Your Side

July 26th, 2011   •   Comments Off on Agents and Insurers Beware! Tennessee Law is Not Always on Your Side   

In Morrison v. Allen, the Tennessee Supreme Court recently addressed several important issues related to an insurance agent’s duties and potential liabilities. Morrison obtained a term life insurance policy with a two-year incontestability clause, preventing the insurer from denying coverage because of any misrepresentations. Later, Morrison became concerned with his coverage level and met with… Read More

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