Tort and Insurance Law Section

This section provides a venue for attorneys to share views and to develop relationships with colleagues in this area of practice. The section offers CLE on issues impacting both tort and insurance law and sends out case updates to its members.

Henry D. Fincher, Attorney at Law
305 E. Spring Street
Cookeville, TN 38501
Immediate Past Chair
Liberty Mutual Group Inc.
Gateway Plz 1 5409 Maryland Way #212
Brentwood, TN 37027

Date Set for Fungal Meningitis Criminal Trial

The 14 suspects accused of being involved in a criminal conspiracy that led to the fungal meningitis outbreak are scheduled to go to trial on April 4, 2016, the Tennessean reports. The U.S. Department of Justice has started sending notices of the trial to those victimized by the outbreak. Tennessee was one of the hardest hit states with 153 illnesses, including 16 deaths, according to the U.S. Centers for Disease Control and Prevention. The trial will take place in Boston.

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Court Determines Assignment of Insurance Proceeds Wasn’t Effective

The Tennessee Supreme Court has determined that a Nashville chiropractic clinic’s patient did not effectively assign his rights to insurance proceeds received from a third party’s insurance company. In an opinion written by Justice Jeffrey S. Bivins, the Court pointed out that the agreement’s language implies that the patient intended to assign proceeds from his own insurance policies, not proceeds from another person’s insurance. The AOC has the full opinion.