Michael S. Levine and Geoffrey B. Fehling | Hunton Andrews Kurth | April 24, 2019 The Tennessee Supreme Court has refused to construe an ambiguous definition of actual cash value to allow for deduction of labor costs as part of depreciation calculations where that subset of repair costs are not clearly addressed in the policy. Despite the… Continue reading Tennessee High Court Excludes Labor Costs from Insurer’s Actual Cash Value Depreciation Calculations
Tag: Tennessee
Consequences for Exceeding the Limit…Maybe…
I’Ashea Myles-Dihigo | Leitner, Williams, Dooley & Napolitan | August 3, 2018 Sometimes I speed…okay, most times I speed. Not anything dangerous, but I do keep up with the flow of traffic on the interstate. Don’t judge. With a daily commute into the office that is always over an hour, any bit of time savings is justified in… Continue reading Consequences for Exceeding the Limit…Maybe…
Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable
Gus Sara | The Subrogation Strategist | July 5, 2018 In Durkin v. MTown Construction, LLC, 2018 Tenn. App. LEXIS 128, the Court of Appeals of Tennessee considered whether the lower court properly took judicial notice of an alternative measure of damages to the measure of damages advanced by the plaintiff. The Court of Appeals held… Continue reading Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable
“Was Not” versus “Is So”: Court Clarifies Whether Exceeding Monetary License Limit Affects Contractor’s Recovery
Matthew DeVries | Burr & Forman LLP | June 18, 2018 After a great extended weekend on the beaches of Florida, we embarked upon the drive back to Nashville with six kids. Despite the clearly defined travel rules, the antagonizing kid was putting his feet on the emotional kid. The creative kid was writing on… Continue reading “Was Not” versus “Is So”: Court Clarifies Whether Exceeding Monetary License Limit Affects Contractor’s Recovery
Elements of a Bad Faith Cause of Action in Tennessee
Shane Smith – June 21, 2014 If you are a daily reader of our blog, you know that we discuss many of the latest developments in first party bad faith actions from jurisdictions across the nation. Today, I will discuss the requirements for asserting a successful claim for breach of the covenant of good faith… Continue reading Elements of a Bad Faith Cause of Action in Tennessee