Author: Clint Scott

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Bad Faith

Examples of Bad Faith Insurance Negotiations in Tennessee

Examples of Bad Faith Insurance Negotiations in TennesseeInsurance companies have a duty to negotiate in good faith. This duty extends to homeowners, auto owners, business owners, and anyone who has a right to expect payment from their insurance company when an accident or catastrophe strikes. When someone demands payment from their carrier, it is known as a first-party claim. When an individual seeks to have the insurance company or someone else pay damages, it is called a third-party claim.

Insurance companies in both first- and third-party claims must fully investigate claims and make fair settlement offers. They cannot raise invalid defenses or stall just to pressure the claimant into making a fast settlement. Insurance companies cannot misrepresent the facts or use biased experts.

What constitutes bad faith negotiation?

Tennessee bad faith attorneys bring claims against insurance companies who refuse to do their duty. The following types of conduct may qualify as bad faith:

  • Failing to give a reason for denying a claim. Insurance companies should provide a factual or legal reason for refusing to pay a claim.
  • Failing to promptly investigate the claim. When there is damage to any property, such as a home or car, the insurance carrier should typically request to see the property/car or, at least, see pictures of the damage. If you have witnesses who support your claim, the carrier should speak to the witnesses. Insurance companies should also work to examine the cause of the accident.
  • Offering less then the full value. If a home is damaged in a fire and the cost to repair it is $200,000, assuming there is sufficient coverage, the insurance company cannot offer $100,000 if no defenses apply.

Other examples of bad faith insurance practices include refusing to provide documentation that would support the plaintiff’s claim, changing adjustors to delay payment, or asserting policy exceptions that do not apply.

When insurance companies negotiate in bad faith, they can be ordered to pay a bad faith penalty. The carrier can also be required to pay the full amount of the damages. To work with a Tennessee bad faith attorney like Clint Scott, Brandon McWherter or Jonathan Bobbitt, please call the Gilbert Firm at 888.996.9731, or use our contact form. We have offices in Nashville, Chattanooga, Memphis, Jackson, and Knoxville.

 

Categories
Insurance Disputes

What Does Homeowners’ Insurance Cover?

What Does Homeowners’ Insurance Cover?You buy homeowners’ insurance for the same reason you buy any kind of insurance policy: to protect you in the event of a misfortune of some kind. While there is no such thing as a “one size fits all” insurance policy, homeowners’ usually covers the following:

  • Structural damage. First and foremost, your policy covers physical damage to the home – plumbing, electrical wiring, roofing, walls, etc. – if the cause is covered. House fires, storm damage (like excessive wind or hail), theft: these are typically part of a policy. The outside of your home, such as a patio and your siding will also be covered.
  • Contents loss. These are your possessions found inside your home. Your furniture, your jewelry and your clothing should all be covered by your homeowners’ insurance. There may be special limits on certain types of contents such as jewelry, so talk to your agent to make sure you have all of the coverage you need.
  • Additional structures. If you have a shed or a fence that is damaged, your policy may cover these structures as well.
  • Loss of use coverage (additional living expenses). If the damage to your home is so severe that you cannot live in it during the repair process, your policy may cover your additional living expenses, such as the cost of an apartment or rental.
  • Liability protection. If someone is hurt or injured on your property, your homeowners’ policy should cover the expenses associated with that claim. How much liability protection you have depends on the policy you choose, however, so you want to make sure you are fully covered.

Do you need additional insurance past your basic plan?

Every homeowner is different, which means every homeowner’s policy should be different. You want to make sure that your agent helps you identify any gaps in your insurance from the beginning, so you are covered no matter what happens. For example, if you live on a river that tends to flood, you will want flood insurance. If you are an art collector, then your basic insurance policy is likely not enough to cover the full amount of that collection in the event of a house fire or a break-in.

It is your agent’s job to review your plan with you, and to make sure you have what you need in terms of homeowners’ insurance. He or she should identify and inform you about any gaps in coverage, or any potential problems. If he or she does not alert you to these issues, or fails to recommend the right or appropriate policy for your needs, you may be able to make a claim for damages based on agent negligence.

If you believe that your claim has been denied unfairly, or that your agent or insurer has acted in bad faith, the Gilbert Firm may be able to help. Our Tennessee insurance dispute attorneys protect policyholders throughout the state. To schedule a consultation with Clint Scott, Brandon McWherter or Jonathan Bobbitt, please call 888.996.9731, or fill out our contact form. We have offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville for your convenience.

Categories
Insurance Disputes

Types of Insurance Coverage in Your Policy

Under a homeowner’s policy, there are multiple types of coverage that the policy provides. First is structure coverage; so, that is going to cover the home, for example, in a fire loss. Other structure coverage would be a detached garage that may also be damaged. There’s often debris removal coverage; coverage for trees, shrubs, etc. And then there’s . . . separate coverage for personal property.

The reason all these different types of coverage matter is that [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][there are] different limits associated with all of them. And so, it’s important that an insured [understand] “What types of coverage does my policy have,” and “What are my damages,” so that we can analyze how they match up, and what should be paid. / END TRANSCRIPT

What does a homeowner’s insurance policy usually cover?

While every homeowner insurance policy is different, most of them cover damage caused by:

  • Electrical problems
  • Fire
  • Hail
  • Theft
  • Vandalism
  • Water damage (in certain circumstances)
  • Wind
  • Plumbing problems

Catastrophic conditions, such as tornados, hurricanes and other natural disasters, are generally covered under most policies, but it is important that you review your policy carefully to ensure you have the right coverage in the event of such a disaster. If you’re not covered, you may wish to consider buying an additional policy just in case.

Generally speaking, your policy should cover structural damage (such as that discussed in the video) and property damage – both to your property (think damage to your trees or driveway) and your contents: artwork, furniture, clothing, etc. Additional Living Expense coverage should also be provided to provide for the cost of a rental home or apartment for the time your home is being repaired. This type of coverage varies, so you must make sure you have enough of it to cover you for as long as you need it, lest you end up out in the cold.

At the Gilbert Firm, we help Tennessee homeowners, business owners and non-profit organizations facing insurance disputes. To schedule a consultation with Clint Scott, or any member of our team, please call 888.996.9731, or fill out our contact form. We maintain offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville.[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

Categories
FLSA Overtime/Wage & Hour

A Brief Look at the Holman Rule

A Brief Look at the Holman RuleA new administration always brings changes, but the recent revival of the Holman Rule has raised a few eyebrows. As the Washington Post puts it, the Holman Rule is an “arcane procedural rule” which “empowers any member of Congress to propose amending an appropriations bill to single out a government employee or cut a specific program.” In layman’s terms, it allows Congress to cut the pay of individual federal workers, and to cut specific programs (or the specific employees who run those programs) from spending bills.

Congress has always held the power to eliminate programs or budgets; that is nothing new. What makes the Holman Rule different is that it applies specifically to workers, and overrides any other rules or statutes in place to protect those workers – including those in unions. J. David Cox Sr., national president of the American Federation of Government Employees, points out that “Reviving this rule means lawmakers will be able to vote to cut the pay and jobs of individual workers or groups of workers without getting input from the agencies where these employees work,” as reported by the Huffington Post.

Which laws protect federal workers?

While the Holman Rule (sometimes referred to as the “Armageddon Rule”) will take precedence over others, the Senate will still be required to vote for any amendments put forth under it, so they may not all pass. The rule will only be in effect for one year, unless Congress votes to renew it.

In the meantime, there are a number of laws that are in place at the federal level designed to protect employees. Some of them include:

You can find a full list of state and federal laws on the Department of Labor website.

At the Gilbert Firm, we represent victims of FLSA abuses at every level. Our skilled team of Tennessee wage and hour lawyers helps employees throughout the state seek justice when they their rights have been violated. To speak with us about a claim, or to find out about our services, please call 888.996.9731 or fill out our contact form. We maintain offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville for your convenience.

Categories
FLSA Labor and Employment

Raising the Minimum Wage in Tennessee is Proving Harder Than We Thought

Raising the Minimum Wage in Tennessee is Proving Harder Than We ThoughtIn March of 2014, The Tennessean ran an article claiming that the Volunteer State led the nation in the number of workers who made minimum wage, or even less, for hourly work. (For the last three years, about 7.4% of our workforce has been made up of minimum wage workers.)

Almost exactly a year later, Representative G.A. Hardaway introduced a Bill in the State House that would not only create a minimum wage law in Tennessee (we did not then, and do not now, have one), but would allow for gradual increases over the coming years. Had the bill been passed, the minimum wage in Tennessee would be $10.10 an hour now, and people who worked in tip-based service jobs would have seen an increase in their base pay to more than $4.00 per hour.

We are now on the cusp of a new Administration, and changes at the federal level always trickle down to the states eventually. The nominee for the Cabinet position of Labor Secretary, Andrew Pudzer (the CEO of CKE Restaurants, which operates Hardee’s and Carl’s Junior), has been an outspoken critic of the Obama Administration’s change to overtime rules, and of raising the minimum wage. This could indicate that unless Tennessee chooses to enact a law on its own, $7.25 an hour will continue to be what 7.4% of our working population makes.

Could helping individuals harm other families?

The main argument against raising the minimum wage is that employers would have to cut back hours, or lay-off other employees, just to break even. In many cases, however, this is a false narrative. Yes, some small businesses may not be able to support a workforce of the same size if the minimum wage is raised, but that is not the rule. The more likely scenario is that large-scale companies and corporations would see a decrease in the overall profits: the CEOs could lose some money from their own paychecks, or see their shares drop a bit. Tennessee consumers may see a rise in the cost of goods or services to offset the loss of profit based on the raises the workers receive.

Or not. All of this is speculative, because the federal minimum wage has not been raised since 2009; we have no real idea what kind of effect a $.50 or $1.00 increase per hour would have on our economy. We can guess, based on models created by think-tanks or government officials, but in the end, we simply don’t know.

As employment law attorneys in Tennessee, we find ourselves fighting on behalf of workers every day. We protect those who have been wrongfully terminated, who have been denied their fair pay, and who have faced harassment and discrimination in the workplace. Our lives are dedicated to helping employees, contractors and full- and part-time workers seek justice when they have been wronged.

Now, it’s time for our government here at home to do the same.

 

The Gilbert Firm provides comprehensive representation on behalf of workers throughout Tennessee. If you have been denied your pay, or have been subject to FLSA violations, our Tennessee wage and hour attorneys want to help. To schedule an appointment with Clint Scott or Michael Russell, or to find out more about our services, please call 888.996.9731, or fill out our contact form. We maintain offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville for your convenience.

Categories
Insurance Disputes

Merry Christmas! The House Is on Fire

Merry Christmas The House Is on FireThe holiday season is upon us, which means some of you are going to have a lot of people running around your houses pretty soon. Big parties and holiday dinners are fun, but they can also lead to property damage. The most likely culprit? A house fire – but slippery walkways and anxious pets can lead to claims, too.

Your homeowners’ insurance policy should cover your losses in the event of a fire or other destructive force, but we bet you would prefer to not to sustain any damage at all. To help you protect yourself and your belongings this year, we’re offering you a few suggestions deigned to keep your home safe.

  • Never leave candles unattended. If you light scented candles to keep your room smelling fresh, make sure you’re in the same room they are. A lit candle can tip – certain kinds burn so hot they essentially explode – leading to a fire.
  • Be careful with your lights. If you string lights up on your house or on your tree, you run the risk of a fire hazard or an electrical short if you plug too many in at once. Use surge protectors, and make sure your wiring is up to code.
  • Keep a fire extinguisher handy. A misplaced tea towel or oven mitt can burn up quickly if you leave it on the stove. Grease splatters can also cause a flare. If you do have a fire, turn off your oven and use a fire extinguisher to put out the flame.
  • Put the dogs in a safe place. Even the gentlest dog can become agitated or frightened during a big party. The Insurance Information Institute says that the average cost of a dog bite claim is more than $37,000, so you’d do well to keep your pets someplace safe, away from guests.
  • Park in the garage. There are a lot of cars on the roads at the holidays, which means a lot of cars parked in front of houses. Add in some parents whose kids have been restless the whole trip and a dash of drunk drivers, and the chances of your car being hit while it’s parked on the side of the road increases by quite a bit. If you can, park in your driveway or in your garage, and keep your car or truck away from other drivers.

The holidays can be stressful, sure – but they’re supposed to be about good times with the people you love. At the Gilbert Firm, we want that to be the case for you, too. If something does go wrong, and your insurance carrier is giving you a hard time about paying for damages that are covered by your policy, we can help. To speak with a Tennessee insurance dispute attorney like Clint Scott, Brandon McWherter or Jonathan Bobbitt, please call 888.996.9731, or fill out our contact form. We maintain offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville, so we’re always nearby when you need us.

Categories
Insurance Disputes

How Can Gilbert McWherter Scott Bobbitt PLC Assist You with Your Contents Claim?

The Gilbert Firm can help an insured or policyholder when an issue arises on contents coverage, whether that issues arises before a lawsuit’s filed or after a lawsuit’s filed. And the way we can assist is helping gather the information, getting in touch with and hiring the proper people to assist in sifting the debris in a fire loss, meeting with the insured to go over the different things that they had in their house, help prepare the list of inventory; and then secondly, age that inventory to the best of the insured’s ability; and then finally, to value that property, so that the claim can be paid promptly and fully.

When you sustain a loss because of a fire, or a flood, or a windstorm ­– or for any reason – and that loss is covered by your insurance policy, you can put in a claim for damages with your insurance company. A contents claim is one wherein you request damages for the contents of your home: your furniture, your pictures, your clothing, etc.

It’s also a claim that can lead to some back-and-forth between you and your insurer. We routinely represent Tennessee policyholders who have been told that they misrepresented the worth of, or the damage to, their belongings. That is why it is so important to seek the counsel of experienced Tennessee insurance dispute attorney if you sustain a loss. We work with industry experts to value your items and to categorize your losses, so that you make a strong claim for compensation. If the insurer still denies your claim, or tries to offer you less than what you are owed, we can protect your rights in court.

The Gilbert Firm has assisted thousands of policyholders throughout Tennessee who have been denied damages, or have been victims of bad faith actions. We invite you to call 888.996.9731 or to fill out this contact form to schedule your consultation with a skilled Tennessee insurance dispute lawyer. We have offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville for your convenience.

Categories
Insurance Disputes

Why Preparing for an Examination Under Oath (EUO) is Critical?

Preparing for an Examination Under Oath is probably the most important process, other than simply showing up. The lawyers that are hired have taken thousands and thousands of Examinations Under Oath over the years. They know what they’re looking for. They know what they’re asking – to create issues, so that your claim can potentially be denied. And so, preparing for the EUO is a process by which the Gilbert Firm is able to sit down with the insured, and work through the issues in their claim, talk about those issues, and explain what exactly is being asked by the insurance company. Not understanding a question that is asked by the insurance company’s attorney is the most dangerous thing that can happen, because the response that you give, while truthful, may give the wiggle room the insurance company wants when they’re looking to deny your claim.

What is an Examination Under Oath?

When you sustain a loss and make a claim with your insurance company for damages, you might be asked to submit to an Examination Under Oath, or EUO. If you’re asked, you have to say “yes,” or you risk having the claim denied altogether.

While the EUO is supposed to be used as a vetting tool for “suspicious” claims, more and more policyholders are being asked to submit. That’s why it is critical that you sit down with an experienced Tennessee insurance dispute attorney and go through the process first. The questions you’ll be asked can be really specific, because insurers want to avoid paying claims whenever they can. Preparing for the EUO can help ensure that you are compensated for the loss you sustained.

The Gilbert Firm fights on behalf of policyholders throughout the state. If you have been asked to submit to an Examination Under Oath, working with a skilled Tennessee insurance disputes attorney like Clint Scott, Brandon McWherter or Jonathan Bobbitt may be the difference between having your claim accepted or having it denied. To learn more about our services, or to schedule a consultation at one of our offices serving Nashville, Chattanooga, Jackson, Memphis or Knoxville, please call 888.996.9731 or fill out this contact form.

Categories
Insurance Disputes

Want a Purple House? Better Ask the HOA, Lest You Lose Your Insurance

Want a Purple House? Better Ask the HOA, Lest You Lose Your InsuranceWe recently ran across a news story out of Denver about a dispute between a homeowner and her homeowners’ association (HOA), over a particularly bright green paint. At the very end of the piece, the writer mentions that “the clock is ticking for [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][the homeowner] … who is in danger of losing her homeowner’s insurance. She has until the end of the month to get her house painted before her insurance is canceled.”

It may seem strange that a person could lose her homeowners’ insurance because of a poor paint choice, but it could conceivably happen. If you live in a condo, a multi-family home or a community where the HOA provides some level of insurance, and you are found in violation of an HOA regulation, that could affect your insurance policy. What we want to focus on here, though, is the importance of purchasing your own individual policy to protect you in the event of a problem.

HOA insurance and individual policies

More often than not, HOAs carry a master policy, often called a “walls out” or “studs out” policy, that can protect both the homeowner and the complex in the event of a fire or a storm (for example). The master policy would cover damage to things like:

  • Foundations
  • Elevators
  • Stairs and stairwells
  • Roofs
  • Hallways
  • Community areas (like the pool or clubhouse)
  • Landscaping

The master policy is likely to exclude flood damage, because flood damage is often excluded from insurance policies.

Everything else – “walls in” – may not be covered, which leaves you on the hook for costs. For example, if a recent storm caused a leak in the roof, and rainwater damages the electrical wiring inside of your home, the HOA’s insurance should cover the costs associated with fixing the leak and the writing. But the toaster or microwave that shorts out as a result? That may not be covered by the HOA policy; you may need your own policy to collect for that type of damage. Insurance policies come in all shapes and colors, which is why it is important for you to have the right policy.

And if you do want to paint your house, make sure it is a color that your HOA will not object to you using.

At the Gilbert Firm, we understand that disputes often arise between homeowners and insurance companies. We understand the importance of identifying whose insurance is primary, and we know how to fight to protect our clients when they make claims for damage. To schedule a consultation with a Tennessee insurance dispute attorney like Clint Scott, Brandon McWherter or Jonathan Bobbitt, please call 888.9996.9731, or fill out our contact form. With offices serving Nashville, Chattanooga, Memphis, Jackson and Knoxville, we are always nearby when you need us.[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

Categories
Bad Faith Insurance Disputes

When Do You Really Need an Attorney for Your Insurance Claim Dispute?

When Do You Really Need an Attorney for Your Insurance Claim Dispute?The whole point of homeowners’ insurance is to protect you in the event of damage to your home. Whether there was a fire, or a flood, or wind damage, etc. – you call your agent, he or she helps you make a claim, and then you get paid out so you can fix your home. Should be easy enough.

But there are times when things do not move so smoothly, and that is when you might need an insurance dispute attorney to help you. When the insurance company is playing fast and loose with your contract, or attempting to deny your claim for unjust or suspicious reasons, that is when you should call a lawyer and ask for help. If you are unsure whether or not you have a right to act, call us anyway; it is better to be safe than sorry.

Good reasons to call

  1. Your insurance company is trying to get out of paying for damages that are covered under your policy.
  2. Your property has been assessed below its value, so your carrier can pay you less for your losses.
  3. Your claim has been flagged for “causation,” as in, they claim the damage was caused by something not covered by your policy (like “wear and tear”) when, in fact, it was caused by something covered under your policy.
  4. Your agent sold you the wrong policy, failed to properly explain what you were getting, did not pass along your claim to the underwriter, or committed some other act of negligence which led to the delay or denial of your claim.
  5. The insurance company or its employees acted in bad faith to avoid paying your claim.

In our experience, we have worked with a lot of people who were reluctant to call an attorney – even when their carriers had offered them an unfair pay out, or tried to “bully” them into accepting less or nothing at all – because they assumed their agents were telling the truth, or because they had difficulties parsing all the legal language in their contracts. Even a small sum is better than no money, they might have thought.

But you pay for your insurance policy month after month, year after year. And you have a right to fair and just compensation for structural and property damages to your home when something happens that is covered under your policy. If you believe your carrier is trying to pull the wool over your eyes, so to speak, the best thing you can do is call a Tennessee insurance dispute attorney. You could be entitled to far more than your insurance company is offering to pay.

The Gilbert Firm provides comprehensive, proactive counsel to victims of bad faith and agent negligence in Tennessee. To schedule a consultation with Clint Scott or Brandon McWherter, please call 888.996.9731. You can also use our contact form to reach a Tennessee insurance dispute lawyer from our firm. The Firm has offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville for your convenience.