Monday, November 17, 2008
No Credit to Nonsettling Defendants
Are nonsettling defendants entitled to a credit for amounts paid by former defendants or non-parties? Short answer: no. So long as uninsured or underinsured motorist coverage is not in play, defendants receive no such credit. See generally Varner v. Perryman, 969 S.W.2d 410 (Tenn. Ct. App. 1997); Williams Holding Co. v. Willis, 166 S.W.3d 707 (Tenn. 2005); see also 17 John A. Day et al., Tennessee Practice Series: Tennessee Law of Comparative Fault § 11:3, at 213 (2nd ed. 2002); id. § 11:6, at 49 (Supp. 2007-08).