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

Tennessee Supreme Court Clarifies Law on When a Principal May Be Sued for Vicarious Liability for the Acts of Its Agent

February 1st, 2011   •   Comments Off on Tennessee Supreme Court Clarifies Law on When a Principal May Be Sued for Vicarious Liability for the Acts of Its Agent   

In Abshure v. Methodist Healthcare-Methodist Hospitals, 325 S.W.3d 98 (Tenn. Oct. 20, 2010), the Tennessee Supreme Court clarified and expanded the situations in which an employer can be held vicariously liable for the acts of its employees. The Abshure plaintiffs filed suit against a hospital based upon the conduct of emergency room physicians.

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