In Tennessee, standard homeowners insurance policies typically include coverage for fire damage, encompassing repairs to the home’s structure and replacement of personal belongings affected by fire. This coverage generally extends to various fire-related incidents, such as accidental fires originating from cooking mishaps or electrical issues, as well as damage caused by lightning strikes. However, it’s crucial for homeowners to review their individual policies, as coverage details can vary, and certain causes of fire may be excluded.
Tennessee operates under a valued policy law for fire losses, meaning that in the event of a total loss due to fire, the insurer is required to pay the full policy amount, regardless of the property’s actual value at the time of loss. This underscores the importance of accurately assessing and updating your home’s insured value to ensure adequate coverage. Additionally, homeowners should be aware of specific state regulations, such as Tennessee Code § 56-7-125, which mandates that insurers provide policyholders with a written statement of their rights when filing significant structural damage claims.
The policyholder must demonstrate that a fire occurred and caused damage to the insured property. This often includes fire department reports, photographs, and documentation of the damage. While most accidental fires are covered, insurers may deny claims involving arson or negligence, so it is crucial to establish a clear, legitimate cause.
The claim must involve property specifically covered under the insurance policy. This includes the dwelling itself, personal belongings, and sometimes additional structures (like garages or sheds), depending on the policy. The policy holder must also comply with all policy requirements, including prompt notice of the loss and cooperation during the investigation.
The policyholder must provide evidence of the value of what was lost or damaged. This includes determining whether the claim is paid based on Actual Cash Value (ACV) or Replacement Cost Value (RCV) and providing inventories, receipts, and estimates. Tennessee's valued policy law may entitled homeowners to the full policy limit in the event of a total fire loss, regardless of current market value.
A lawyer can review the insurance policy to identify all available coverages, exclusions, and deadlines, ensuring the claim is filed properly and that the insurer does not misinterpret or misapply policy language
Our lawyers can assist in organizing proof of loss, compiling damage estimates, and preparing detailed contents inventories, all of which help maximize the claim and reduce the chances of undervaluation or denial
If the insurance company delays payment, offers of unfair settlement, or wrongfully denies the claim, we can apply legal pressure through demand letters, appraisals, or litigation, including bad faith claims where appropriate
With knowledge of Tennessee fire damage laws and valuation methods, we can negotiate directly with the insurance company or their legal team to secure a full and fair recovery--often more than what was initially offered