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Tennessee Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: Can you sue an insurance company if they refused to cover costs due to an unethical loophole?

About a year ago, a friend was living in Florida and she lent her truck to a friend. This friend allowed her boyfriend to drive the truck, who had been drinking (but still below the legal limit) and had no driver’s license. The guy got in a car accident and totaled the truck. The insurance... View More

Anthony M. Avery
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answered on Aug 5, 2024

There are no ethical rules for insurance. Read your insurance contract for the exclusions the co. relied upon.

Bad Faith suit is only an extra 25% and exposes you to a bad faith claim. A suit for breach of contract may be possible within the contract term SOL. A good lawyer would...
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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Tennessee on
Q: I have a complaint with Auto Insurance Co regarding clarifying my vehicle as Salvage title

I have a complaint with Auto Insurance Co regarding clarifying my vehicle as Salvage title I believe they provided a LOW value to the damaged vehicle even though I test that the repairs are less than 75% value of the actual value of the vehicle. Even at their LOW valuation the repair costs are... View More

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2024

A Tennessee attorney could advise best, but your question remains open for a month. Your frustration is understandable - these can sometimes be tough cases, where repair estimates are in the same range as statutory thresholds for total loss declaration. One option could be to reach out to your... View More

1 Answer | Asked in Contracts, Civil Litigation, Federal Crimes and Insurance Bad Faith for Tennessee on
Q: Breach of finalized settlement! This 1 case if you fight you will win more then you make yearly! TN Yes I'll contact.

Heres the case in a nut shell. Breach of settlement contract. I finally have all evidence including,Contract and terms, proof of breach. In their own words known recordings and understood that they were being recorded, proof of negligence bordering criminal. Admitted criminal negligence during... View More

James L. Arrasmith
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answered on Mar 21, 2024

If you believe there has been a breach of a finalized settlement agreement, gathering all pertinent evidence, such as the original contract, proof of the breach, and any relevant communications or recordings, is crucial. Documentation that clearly demonstrates the breach, especially if it includes... View More

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: Does the spouse own rights to an insurance policy in the state of Tennessee? What if the beneficiary isn’t the spouse?

I need to get my end of life documents( will, poa,etc) in order and I need to know can I exclude my spouse.

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2024

A Tennessee attorney could advise best, but your question remains open for a month. It may be because this doesn't really look like a Bad Faith matter, the category chosen. It is something that attorneys who practice in the "Probate" and "Estate Planning" sections would... View More

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Tennessee on
Q: Hello, Is it necessary to list insurance policies in a living will or poa?
Anthony M. Avery
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answered on Feb 12, 2024

You need to talk to an attorney. Neither a living will nor a poa have anything to do with devising and bequeathing property at death.

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Tennessee on
Q: My auto insurance company did a non renewal without giving me any notice. What are my options? I am In Tennessee.
Anthony M. Avery
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answered on Feb 6, 2024

No legal options. Carrier can contract with or not. Get insurance elsewhere.

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: How can long term care insurance companies who have decided to stop offering long term care be allowed to increase

Premiums On their current customers in whatever amounts they want to. Their customers are trapped because if they tried to switch companies at their older age it would be difficult to find another insurer. . Companies that are still offering long term care are usually held to a certain percentage... View More

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2023

A Tennessee attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, most states have Departments of Insurance (even if they don't go by that exact name). They usually assist the public with consumer questions... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Tennessee on
Q: I have workcomp insurance without incidence for over10yrs, in midst of an audit coverage canceled without merit..legal?

During a recent yearly wc insurance Audit on my polcy the assigned Auditor quit the insurance company without notice, the next Auditor assigned to my account has ran me ragid,repeatedly requesting additional documents regarding a specific subcontractor,

I provide exactly what is asked and... View More

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2023

A Tennessee attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney on state-specific provisions that govern cancellation, it might be less aggravating and safer to seek coverage elsewhere, while having a Tennessee attorney... View More

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: Is this a delay in insurance claim, bad faith, or underpaid insurance claim??

March3,23 we made an insurance claim for wind damage and flood.Serve pro come in and did water mitigation and took out floors.Allstate gave us our 1st check for 4093 for a partial roof.Our second check was for 14,000and we were made to pay serve pro 6000 something for the work.Leaving us with... View More

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2023

A Tennessee attorney could advise best, but your question remains open for two weeks. An attorney would probably want to see the file and the paper/digital trail of communications to make a call on the handling of the claim by Allstate. Good luck

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Tennessee on
Q: What’s the statute of limitations for Directv installation property damage claims in TN?

I’m experiencing a leaking roof & interior property damage by Directv from a 2nd installed dish that occurred in 2021. The original dish was installed in 2006. The repairman in 2021 removed the old dish but left the old mounting brackets in the roof and installed a dish with mounting... View More

Anthony M. Avery
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answered on Aug 1, 2023

Property Torts have a 3 year SOL. But they are already claiming you busted it. When you sue expect to fight a Rule 56 Motion on the SOL. Be prepared to prove the 2021 work is what did the damage.

2 Answers | Asked in Contracts, Products Liability and Insurance Bad Faith for Tennessee on
Q: Hi, can an extended car warranty insurance (Fidelity etc.) ask the repair shop for outsourced parts invoices?

The extended warranty company approved an itemized parts list & labor for a truck repair job. After the repair, the shop sent them an invoice with an itemized parts list & labor exactly as pre-approved (to the cent). The extended warranty company now wants all invoices for the parts as... View More

John Michael Frick
John Michael Frick
answered on Jul 13, 2023

Yes, there is no law prohibiting the extended warrant company from requesting those invoices.

There is also no law requiring the repair shop to provide them.

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1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Tennessee on
Q: Can I sue??

Me and my dad filed a house claim March 3,23 through insurance , we have been battling through terrible problems the whole time, Tennessee how a matching law on roofs , our insurance company refuses to abide by the match law we have been paid 9,000 for the inside and 3g for the roof . All damages... View More

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2023

A Tennessee attorney could advise best, but your question remains open for two weeks. Filing a lawsuit is generally an option in most insurance claims (a local attorney must advise here after reading your policy - sometimes arbitration is listed as a forum).

The best way to answer your...
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2 Answers | Asked in Real Estate Law and Insurance Bad Faith for Tennessee on
Q: My house burned it is a total loss . My Ins policy is up for renewal today. Is there any reason why I should renew this.

Policy shouldn’t I just get a liability policy for the land?

Anthony M. Avery
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answered on May 31, 2023

You should have already hired an attorney and/or a Public Adjustor to help you with filing the Claim. Have you made a Claim yet? Paying another policy premium is the least of your worries, and nonpayment may deny coverage. Hire some competent professionals to advise you as there are far too... View More

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1 Answer | Asked in Insurance Bad Faith and Contracts for Tennessee on
Q: I started getting dental implants and then my insurance said they would not pay for the rest of the procedure.now Inplan

And no teeth do I have a case? I can't keep walking around like this.

Anthony M. Avery
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answered on Oct 10, 2022

Your insurance policy must be read verbatim in conjunction with your treatment plan. Are the implants covered or not? You will need an attorney to examine the contract and facts. Bad Faith in TN is not very much, so concentrate on Breach of Contract, possibly even in General Sessions.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Tennessee on
Q: My homeowners Insurance company whom we’ve been with for 30 years recently sent us a cancellation letter due to 4 claims

Our first claim was due to under ground pipe burst. We had to move out of our home for 6 weeks. During that time our house was vandalised once and broken into 2. We would like to remain with our insurance company instead of being cancelled.

Bennett James Wills
Bennett James Wills
answered on Jul 20, 2022

Check the terms of your policy. That will tell you whether they can cancel. It may be time to find another company.

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: I was hit by a drunk driver on 04/29/2022 and there are no injuries. What compensation can I ask for

I have not had a rental because they never offered one. They are just now starting to process my claim even though I filed the claim on 05/11/2022. Can I request what it would have cost them in rental fees. Also can I ask for missed overtime because I didn't a vehicle all this time and I... View More

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2022

A Tennessee attorney could advise best, but your question remains open for three weeks. They may not offer the rental; you have to request it. In terms of the lost wages, it could be denied. Only a Tennessee attorney could advise on the operation of your first-party benefits for lost wages/overtime... View More

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: I submitted all claim forms and proof of loss 25 working days prior to June 22, 22. Legal reasonable time?

No communication from Erie In’s. regarding status of claim or progress.

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2022

A Tennessee attorney could advise best, but your question remains open for three weeks. It's difficult for any attorney to say what a reasonable is based on these brief facts. In lost wage claims, carriers can look at attendance records, level of injuries, medical records from treating... View More

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: My wife was the beneficiary of her parents life policies, but my wife died. Does the insurance payment allocate to me

Her parents are deceased and no other beneficiary is named

Anthony M. Avery
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answered on Feb 21, 2022

Are her Parents deceased? If dead, then the Designation of Beneficiaries might list her Estate. And there is usually an alternative Designated Beneficiary. If the Parents are alive, they can change the Designation anytime. If you feel the Death Benefit should be paid to you or your Wife's... View More

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: I'm beneficiary of ins. policy who passed in july. Funeral home has sent copies 3 dif.times. Ins Co.keeps saying they

havent recieved anything yet. My husband even emailed them once and they requested all the paperwork again, to which I took to funeral home to resend. Last wk funeral home called ins co. again and they said they havent recieved yet..what can I do ?

Anthony M. Avery
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answered on Jan 5, 2022

Hire a competent attorney to make the Claim on the Contract of Insurance. Assuming you are the Beneficiary, a Breach of Contract Suit may have to be filed if money is not forthcoming.

1 Answer | Asked in Insurance Bad Faith and Products Liability for Tennessee on
Q: I have received a civil warrant for vehicle that was repossessed. Vehicle was for another family member and I never

Actually had possession of vehicle. I had told them and person filling out loan papers I did not have income to make payments. Can I file suit against family member to have them pay this?

Anthony M. Avery
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answered on Nov 1, 2021

It sounds like you are being sued on the Note you signed. An attorney can sue the other party for contribution, but collection is another matter. Bankruptcy or a Settlement may be options. If a Judgment goes down, protect your assets and file a Notice of Exempt Property.

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