Property insurance claim help for Tennessee homes, businesses and churches
Denham Property & Injury Law Firm represents Tennessee policyholders when an insurance company denies, delays or underpays a property damage claim. Our clients include homeowners, businesses, churches, and homeowners and condo associations. We handle storm, tornado, hail, wind, fire, water and roof claims and other covered losses, and we take on property insurance disputes through negotiation, appraisal, and a lawsuit when the insurance company still will not pay what the policy owes.
Four of our lawyers are licensed in Tennessee: Bart Denham, Dalton Rawls, Konrad Kotz and Michael Quintero. Michael Quintero leads the firm's Tennessee practice and has handled property damage claims from the pre-suit stage through litigation. Konrad Kotz is based in the Nashville area, and Dalton Rawls is a Nashville native. Bart Denham founded the firm and leads it from our Lexington, Kentucky headquarters.
Our Nashville office
Our Tennessee office is in downtown Nashville at 150 4th Ave N, Ste. 1870, Nashville, TN 37219. Our Nashville office number is (615) 813-6857. We serve clients statewide in Tennessee.
Storm, tornado, hail and wind claims in Middle Tennessee
Spring and summer thunderstorms in Middle Tennessee bring hail and straight-line winds, and tornadoes are not only a spring problem. On March 3, 2020, an EF-3 tornado stayed on the ground for more than 60 miles, from western Davidson County through North Nashville, the Germantown and East Nashville neighborhoods, Donelson and Hermitage, then through Mount Juliet and Lebanon into Smith County, according to the National Weather Service. On December 9, 2023, an EF-3 tornado struck Clarksville, and an EF-2 tornado moved from northern Nashville through Madison, Hendersonville and Gallatin.
After a storm, common disputes include:
- Hail damage to roofs. The adjuster calls the hits cosmetic, blames an older storm or wear and tear, or approves a few shingles on a roof that cannot be repaired that way. See hail damage claims and roof damage claims.
- Wind damage. Lifted or creased shingles, torn siding, gutters and fences, and rain that comes in through openings the wind made. See wind damage claims.
- Tornado losses. Large structural claims with debris removal, contents, temporary housing or lost business income, often split among several adjusters. See tornado damage claims.
- Trees on homes and buildings. A fallen tree can damage a roof, a garage or a fence and the belongings inside, and removal costs often fall under separate, smaller policy limits. See tree damage claims.
- Matching. When new shingles or siding will not match what is left, the insurer may still offer to pay only for the damaged pieces. We look at the policy wording and the facts and press for a repair that actually restores the property.
Depending on the claim, we document storm damage with photos, weather data, and inspections by independent roofers, contractors or engineers, then compare the insurer's estimate line by line with what the repair will really take. More on storm damage claims.
Fire and water damage claims
A fire claim can involve the structure, smoke and soot throughout the building, everything you own, and the cost of living elsewhere or keeping a business running while repairs are made. Disputes often center on how far smoke damage reaches, what can be cleaned instead of replaced, how contents are valued and how much depreciation is taken. Learn more about fire damage claims.
Water claims come from pipes that burst in a hard freeze, failed supply lines, water heaters, appliance leaks, and rain getting in through a damaged roof. Insurers often deny them as a long-term leak, wear and tear, or flood. Homeowners and business policies generally do not cover flooding, meaning rising water from outside such as an overflowing creek or river or heavy surface runoff. That takes a separate flood policy, so the source of the water matters. We trace where the water came from and match it to the coverage. See water damage claims and flood insurance claims.
Denied, delayed and underpaid claims
- Denied claims: the insurer says the loss is not covered, pointing to an exclusion, wear and tear, old damage, late notice or a missed policy requirement. A denial letter states the insurer's position; it does not have to be the final word.
- Delayed claims: months pass with new adjusters, repeated requests for the same documents and no decision, while repairs wait and the damage gets worse.
- Underpaid claims: the claim is accepted, but the estimate leaves out damaged areas, prices the work below what local contractors charge, or takes too much depreciation.
A partial payment does not have to end the claim. We review the policy, the insurer's estimate and the payments made so far, and pursue what is still owed.
What Tennessee law provides when an insurer refuses to pay in bad faith
Tennessee has a bad faith penalty law for insurance companies that refuse to pay a covered loss without good reason. In plain terms:
- Under the policy's own terms, the payment must already be owed.
- The policyholder makes a formal demand for payment.
- The policyholder generally waits 60 days after the demand before filing suit, unless the insurer refuses to pay sooner.
- If a court or jury finds the refusal was not in good faith and caused added expense, loss or harm, the insurer can be ordered to pay a penalty of up to 25 percent of the loss in addition to the amount owed and interest.
The penalty is measured by the added expense, loss and harm the refusal caused, including attorney fees, and the court or jury sets the amount within that limit. The demand has to be made at the right time and in the right way, so talk with a lawyer before you send one. Learn more about bad faith insurance claims.
Appraisal: settling the amount of the loss
Most property policies include an appraisal clause for disagreements over the amount of the loss. Under the usual wording, each side picks an appraiser, the two appraisers pick an umpire, and an amount agreed to by any two of the three sets the loss. Courts in Tennessee generally enforce appraisal clauses and treat appraisal as a way to value the loss, not to decide whether the policy covers it.
Appraisal can resolve a pricing or scope dispute faster than a lawsuit, but it is not right for every claim. Each side usually pays its own appraiser and shares the umpire's fee, and a narrow award can leave damage unpaid. We help clients decide whether to request appraisal or how to respond when the insurer demands it, and we handle the process.
Deadlines to keep in mind
Your policy sets duties after a loss: prompt notice, protecting the property from more damage, providing documents, letting the insurer inspect, and sometimes a signed, sworn proof of loss or an examination under oath. Missing one can give the insurer a reason to deny or reduce the claim.
Many property policies also require any lawsuit against the insurer to be filed within a set time, sometimes as short as one year. Tennessee courts generally enforce these policy deadlines, and when the clock starts depends on the policy wording and what has happened on the claim. The deadline can run out while the claim is still being discussed, so get advice early rather than waiting for negotiations to finish.
Commercial, church and association claims
Commercial claims add disputes over business income (income lost while the business is closed or slowed by repairs), extra expense (added costs of keeping the business running), coinsurance (a policy term that can cut the payment if the building was insured for too little) and losses spread across several buildings. Churches face many of the same issues and often need to keep services going while repairs wait. Homeowners and condo associations have to work out which damage falls under the association's policy and which falls under each owner's. We represent all of these policyholders. See commercial property damage claims.
When to call a Tennessee property insurance lawyer
- Your claim was denied, in whole or in part.
- The payment will not cover your contractor's estimate.
- Weeks or months have passed without a decision.
- The insurer blames wear and tear, an old storm, a long-term leak or flood for damage you believe the storm, fire or pipe caused.
- You are asked for a recorded statement or an examination under oath, or to sign a proof of loss, release or settlement you do not understand.
- The insurer has demanded appraisal, or a deadline in your policy is coming up.
You do not have to wait for a denial to get advice. Bring whatever you have: the policy, photos, estimates, letters from the insurer and records of any payments.
Areas we serve around Nashville and across Tennessee
From our Nashville office we represent property owners across Middle Tennessee, including Davidson, Williamson, Rutherford, Sumner, Wilson, Montgomery and Maury counties and cities such as Franklin, Brentwood, Murfreesboro, Hendersonville, Goodlettsville, Mount Juliet and Clarksville.
We also represent policyholders in Knoxville, Chattanooga, Memphis and the rest of the state.
Questions Tennessee policyholders ask
Do I need a lawyer for a home insurance claim in Tennessee?
Not always. Many claims are paid fairly. A lawyer can help when the insurer denies the claim, pays far less than the repair cost, stalls, or points to policy conditions and deadlines you are unsure how to meet.
Can you help if the insurer already paid part of my claim?
Often, yes. A partial payment does not necessarily resolve the whole claim. We review the estimate, the payments and the remaining damage to find what is still owed.
What does it cost?
The consultation is free. Our fee is a share of what we recover, so you pay no attorney fee unless we recover money for you.
Talk with our Tennessee lawyers
Call (859) 900-BART (2278) or (615) 813-6857, or contact us online to talk about your Tennessee claim.
