Bad FaithPosted by worriedparent909

Recovered full $186,000 policy limits plus $42,000 attorney fees from State Farm on a denied Tennessee water mitigation claim after 11 months of bad faith conduct. Here is the exact procedural sequence that made the bad faith claim stick

Sharing this because Tennessee bad faith law is one of the most claimant-friendly statutory schemes in the country and most policyholders have no idea the 25 percent penalty plus attorney fees provision exists. Background: I am in Davidson County. In June 2024 a supply line behind my upstairs hall bathroom toilet failed while my family was at a 4 day weekend out of town. The leak ran for approximately 72 hours before a neighbor noticed water coming through a ceiling soffit on the exterior. By the time I got home there was standing water across the upstairs hallway, both upstairs bathrooms, the master bedroom carpet, and the ceiling/walls had collapsed in the living room and dining room directly below. Water mitigation company on site within 6 hours, 47 air movers and 12 dehumidifiers running 24/7 for 9 days.

State Farm assigned a field adjuster who came out on day 3 of the mitigation. He took photos, took a recorded statement, and seemed reasonable. Then for the next 11 months everything went sideways. They paid the mitigation contractor about half of the invoice ($14,200 of $28,400 billed). They denied the structural repair claim ($87,400) saying the damage was "long-term seepage" not a sudden event. They denied the contents claim ($31,200 in damaged furniture, electronics, clothing, family photos, books) saying I had not provided "adequate proof of ownership and value." They denied additional living expense ($21,800 for hotel and short term apartment) saying my policy did not cover ALE under "extended water damage." None of these denials had any basis in the policy language. Total denial value was $168,600 against my coverage limits of $186,000.

I retained a Tennessee bad faith attorney in month 4 of the dispute. The first thing he did was demand the claim file under Tennessee Code 56-7-105 which requires carriers to produce the claim file to the insured. The claim file showed the State Farm adjuster's notes explicitly recommending payment of the structural repair and the contents and the ALE, with the denial decisions being made above his head by a "claim quality review" supervisor who never inspected the property. The notes also showed the supervisor instructing the adjuster to "find a basis" for denial after the decision had been made. This is the documentation pattern that makes a Tennessee bad faith claim stick.

The attorney sent a formal Tennessee Code Annotated 56-7-105 demand letter giving State Farm 60 days to pay the claim or face the 25 percent penalty plus attorney fees. State Farm offered $58,000 on day 55. We rejected and filed suit on day 62. During discovery we deposed the field adjuster (who confirmed his notes recommending payment), deposed the supervisor (who could not articulate a policy-based reason for the denials), and obtained the carrier's own structural engineer report which actually supported sudden discharge causation. State Farm settled three weeks before trial for the full $186,000 policy limits plus $42,000 in attorney fees plus an additional $28,500 confidential payment. Total recovery $256,500 against an initial offer of $14,200. Tennessee 56-7-105 is the most underused tool in policyholder representation. If you live in Tennessee and your carrier denies in bad faith, send the 56-7-105 demand letter immediately.

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