W. Paul Whitt

Representative Experience: Obtained summary judgment in favor of insurer in federal court action, and affirmed on appeal by the 6th Circuit, concerning an insurance coverage claim under a workers compensation policy on a significant injury claim where the insured claimed the individual was an employee despite the allegations in the complaint claim alleging the individual was an independent contractor, and where the insured attempted to eliminate the 4 corners rule in Tennessee.; Obtained summary judgment in favor of a Certified Public Accountant in federal court action, and affirmed on appeal by the 6th Circuit, on numerous claims, including alleged civil RICO violations, ERISA, fraud and professional negligence.; Obtained summary judgment for insurer in Federal Court on declaratory judgment action involving issues of your work exclusions and successfully defeated insured's attempt to claim coverage by estoppel based on alleged statements of agent when policy was sold.; Successfully represented engineering firm in 3-day arbitration hearing involving claims of professional negligence and breach of contract for slope failures at a project in East Tennessee with no fault or liability being assessed against the engineering firm and complete fault being assigned to the general contractor bringing the claims against the engineering firm.; Defense of mechanical engineering firm involving claims related to HVAC system design.; Represented surveyor in litigation involving claims of inaccurate elevations on survey.; Obtained voluntary dismissal of claims against architect in wrongful death claim involving parking design for food establishment.; Successful defense of architect on claims of personal injury related to slope subsidence issue at long-term care facility.; Successful defense of regional accounting firm of claim made by former client concerning tax penalties assessed against client for failure to report listed transaction on federal income tax return.; Trial and appellate counsel for regional staffing firm involving prosecution of claims against former employee for violation of Tennessee Uniform Trade Secrets Act where nearly $1 million judgment was entered in favor of client.; Obtained summary judgment in Federal Court in favor of property and casualty insurer on first-party claims by insured on basis of defense of misrepresentation in the application by the insured.; Obtained summary judgment for insurer in Federal Court first-party action by insured on all extra-contractual issues following extensive discovery and development of defense of arson against insured's claims.; Representative Cases: Lapinsky v. Cook, 2016 Tenn. App. LEXIS 711 (Tenn. Ct. App. Sept. 26, 2016); Mitchell v. Morris, 2016 Tenn. App. LEXIS 178 (Tenn. Ct. App. Mar. 9, 2016); Swafford v. Forestry Mut. Ins. Co., 610 Fed. Appx. 565 (6th Cir. July 23, 2015); Ridenour v. Covenant Health, 2015 Tenn. App. LEXIS 447 (Tenn. Ct. App. June 9, 2015); Hamilton-Ryker Group, LLC v. Keymon, 2010 Tenn. App. LEXIS 55 (Tenn. Ct. App. Jan. 28, 2010)