Post-COVID Lease Considerations for Commercial Landlords and Tenants

Tue 22 Dec 12:43 | Posted by on News

In 2020, the COVID-19 pandemic sent landlords and tenants scrambling to interpret their leases to determine their responsibilities under unprecedented circumstances.  As the first vaccines for COVID-19 are administered, and businesses plan and prepare for a return to some semblance of normalcy, all parties certainly hope not to encounter something like this again for a long while.   Even so, Landlords and Tenants should account for the possibility of the next pandemic (or another unforeseen event) …

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TennCare Updates Its Release Request Forms and Procedure

Tue 15 Dec 06:33 | Posted by on News

A recent change by the Bureau of TennCare (Tennessee’s version of Medicaid) has simplified the process for heirs and estate administrators to confirm whether a decedent’s estate must reimburse the State for the receipt of Medicaid funds.  On November 1, 2020, the Bureau of TennCare rolled out its new, streamlined TennCare Release Request form and began processing Release Requests in the Bureau’s “Request for Release (RFR) Processing Unit.”  TennCare Release Requests are generally submitted, when …

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Rebuttable Presumption Raised by Payment of Premium Applies to an Insured’s Action Against an Agent for Negligent Failure to Procure Requested Coverage

Mon 7 Dec 12:15 | Posted by on News

In Talat Parveen, et al. v. ACG South Insurance Agency, LLC, et al., published December 4, 2020, the Tennessee Supreme Court addressed whether Tenn. Code Ann. Section 56-7-135’s rebuttable presumption that an insured accepts an insurance policy’s terms when the insured pays the premium, applies equally to an insured’s action against an agent for negligent failure to procure requested coverage as it does to an action against a carrier for coverage under the policy. The …

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CDC Eviction Moratorium: Questions and Answers for Landlords

Thu 3 Dec 11:03 | Posted by on News

On September 4, 2020, the Center for Disease Control issued an order entitled, “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19.”  While the title of the order would seem to be more or less self-explanatory, many landlords were left with questions about the order and its potential effect on rental property and income. Several of those questions are explored here based on information available as of December 2, 2020. What are …

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2020 Changes to Tennessee Rules of Civil Procedure

Wed 2 Dec 10:03 | Posted by on News

Tennessee Rules of Civil Procedure 5, 5(b), 33, and 34 were amended effective July 1, 2020, following adoption by the Tennessee Supreme Court and approval by the Tennessee General Assembly.  The amendments to Rules 5 and 5(b) focus on electronic service through e-filing.  The amendments to Rules 33 and 34 clarify what is required of a party responding to discovery and are an attempt by the Tennessee Supreme Court to encourage parties to resolve discovery …

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