Tag: tort & insurance

Adding new defendants who are alleged to be comparatively at fault in civil cases just became more limited, based on a new Tennessee Supreme Court opinion.  Under Mills v. Fulmarque, Inc., the new nonparty must be alleged by a defendant who was itself named in a complaint or amended complaint filed within the original limitations […]

The Tennessee Supreme Court, in Allstate Insurance Co. v. Tarrant, recently discussed an insurance agent’s duties when obtaining coverage for a client. Allstate’s insured, Diana Tarrant, was involved in a collision while driving a van registered to Blue Ribbon Cleaning, Inc., a business owned by the Tarrants. Allstate contended that before the accident, Mr. Tarrant […]

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 […]

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.

In our Fall 2009 issue, we discussed a critical new evidence rule in Tennessee which now allows attorneys to use certain types of prior inconsistent statements as substantive proof in court. Previously, attorneys could only use prior inconsistent statements for impeachment (i.e., to show that a witness had changed his or her story and was […]

The mortgage crisis has become a fixture in the media and affects more than just the mortgage and banking sectors. How does the mortgage meltdown affect the business of insurance with regard to settling and paying real property damage claims? Certainly, lenders and mortgagees may become especially vigilant in pursuing claims against insurers during economic […]

The following topics are covered in this newsletter:   Don’t Fall Into the Hospital Lien Trap – Court of Appeals Decision Requires Close Analysis Tennessee Supreme Court Reverses Favorable Ruling for Insurers and Holds That Initiation of Foreclosure Proceedings Does Not Constitude Increased Risk of Loss or Hazard Tennessee Supreme Court Holds Insurance Coverage Information […]

The following topics are covered in this newsletter:   Tennessee Supreme Court Expands Potential Liability for Claims of Negligent Infliction of Emotional Distress Handling Information Requests From Other Insurers     View Tort Insurance Newsletter 2009.

The following topics are covered in this newsletter:   The Foreclosure Crisis and Insurance Claims: How Foreclosure Initiation May Affect a Mortgagee’s Interest New Medicare Reporting Requirements for Insurers   View Tort Insurance Newsletter Summer 2008.