Posts in 2022

Sep 25 THE ELECTION UNDER THE TENNESSEE UNINSURED MOTORIST STATUTE: DEFENDING IN THE NAME OF THE UNINSURED MOTORIST OR THE INSURER

The Tennessee uninsured motorist statute, oftentimes referred to as the “UM statute,” gives the plaintiff’s insurer (the uninsured ...

Sep 13 PUNITIVE DAMAGE AWARDS AGAINST A DECEASED DEFENDANT-CAN IT HAPPEN?

It appears the answer is no. If you litigate personal injury cases, you are likely familiar with a claim for punitive damages. We ...

Apr 12 MEDIATION MUSTS

Maybe I am biased because I mediate, but I would argue that mediation is a critical stage in the litigation process. It is so ...

Apr 05 TENNESSEE BAD FAITH-AUTOMOBILE ACCIDENT CLAIMS

It seems to be more and more common. I see language in demand letters in tort cases making a demand for policy limits with the ...

Mar 19 THE APPLICATION OF THE ONE-YEAR STATUTE OF LIMITATIONS TO THE UNINSURED MOTORIST CARRIER

A tort action must be commenced against the tortfeasor within one year of the date of the event giving rise to the cause of ...

Mar 12 DEFAULT JUDGMENT IN A PERSONAL INJURY CASE? DON’T GET TOO EXCITED … YET!

While I do not think Motions for Default Judgment in personal injury cases are overly popular, they do get filed. Some get ...