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Tuesday, August 03, 2021

New Uninsured Motorist (UM) Insurance Coverage Case: Trial Court's Finding of No UM Coverage for the Plaintiff Upheld on Appeal

The Tennessee Court of Appeals recently released its opinion in Medders v. Newby, No. M2020-01094-COA-R3-CV (Tenn. Ct. App. July 6, 2021).  The syllabus from the slip opinion reads:

An insurance company denied coverage for an accident its insured had with an uninsured/underinsured motorist because the insured had a “non-owner’s” policy, and the car she was driving did not fit the definition of a “non-owned auto.” The trial court concluded, following a bench trial on the bifurcated issue of coverage, that the insured’s policy did not cover the accident, and the insured appealed. We affirm the trial court’s judgment. 

Here is a link to the opinion:

https://www.tncourts.gov/sites/default/files/medders.kimberly.opn_.pdf.

NOTE: This is a good opinion to read for some insight into Tennessee's UM law., especially when it comes to the construction of insurance policies (which are contracts).  


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