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Tag: tort & insurance
New Limits on Late Addition of At-Fault Nonparties
November 1st, 2012 •
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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 period, and late additions may be dismissed as untimely.
New Case and Statute Affect Agent’s and Insured’s Duties
November 1st, 2012 •
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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 asked the Allstate agent to transfer the van from the Tarrants’ commercial policy to their personal policy The Tarrants denied that they made such a request, asserting that the agent mistakenly placed the van and that the commercial policy with significantly higher limits applied.
Agents and Insurers Beware! Tennessee Law is Not Always on Your Side
July 26th, 2011 •
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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 his insurance agents, who recommended that he maintain his existing policy of $300,000 until acquiring a second policy with higher coverage. One agent prepared the applications and mailed them without further instructions to the insureds, who signed the applications without further review. The insurer issued a policy providing $1 million of coverage on Morrison, who later allowed his first policy to lapse. Two months later, he died from injuries sustained in a single-car accident. The insurer denied the claim because the application improperly failed to disclose Morrison’s conviction of an alcohol-related driving offense.
Tennessee Supreme Court Clarifies Law on When a Principal May Be Sued for Vicarious Liability for the Acts of Its Agent
February 1st, 2011 •
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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.
Examinations Under Oath: Request Them!
July 1st, 2010 •
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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 possibly being untruthful). This rule change elevates the advantages and importance of obtaining an effective Examination Under Oath during claim investigation.
When to Include the Mortgage on a Real Property Loss Payment
July 1st, 2010 •
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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 times when cash flow is tight.
