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The Proper Scope of Appraisal - Thoughts from the Battlefield

Brandon McWherter
November 04, 2011 14:58

In Parks' last post, "What is the Proper Scope of Appraisal in Tennessee?", he pointed out the Merrimack decision in which the Court of Appeals held that appraisal is not appropriate for decisions regarding coverage and liability.  In considering my response, I spoke with Chuck...

What is the Proper Scope of Appraisal in Tennessee?

Parks Chastain
October 23, 2011 19:49

In the past ten (10) years, we have seen much litigation arise concerning the proper scope of the appraisal clause. Although different policies have different provisions, the “gist” of an appraisal clause can be seen in the following policy provision: Appraisal   If we and you...

Response to a Reader's Question - What Types of Post-Loss Misrepresentations Are Material?

Parks Chastain
September 26, 2011 22:54

Thanks to a reader who submitted this question – what types of misrepresentations are material in that the insurer would be entitled to deny coverage if these misrepresentations were made? I presume the question was posed because of provisions existing in most insurance policies which...

Should Contractors Be Named As Payees On Insurance Payment Drafts?

Parks Chastain
January 26, 2011 19:07

I write today to explain why insurance companies include the name of contractors on insurance payment drafts, sometimes to the chagrin of policyholders. Unfortunately, in many instances, the homeowner and his/her contractor have come to a disagreement by the time the insurance company is ready...

Answering Questions Posed About Valuation for Purposes of the Co-Insurance Penalty

August 12, 2010 22:59

  We have had some excellent comments and questions on the topic of co-insurance, and specifically whether there can be any “iron-clad” or “black and white” rules as to who is responsible for any undervaluation. Obviously, the readers are concerned as to who,...