Search This Blog

Thursday, January 06, 2022

Trial Court's Finding that No Underinsured Coverage Was Available to Plaintiff Is Upheld on Appeal

The Tennessee Court of Appeals has issued released its opinion in Hughes v. Liberty Mutual Fire Insurance Co., No. E2020-00225-COA-R3-CV (Tenn. Ct. App. Dec. 30, 2021).  The syllabus from the slip opinion reads:

The driver of a vehicle covered by a general automobile liability policy notified the insurance carrier of a potential uninsured motorist [(UM)] claim. The insurance carrier responded that the named insured had rejected in writing uninsured motorist coverage for vehicles in use in Tennessee. The driver claimed that the prior rejection was no longer effective because the named insured had submitted a new application during the renewal process. After a bench trial, the court ruled that the policy did not include uninsured motorist coverage. We conclude that the prior written rejection remained in effect when the policy was renewed. And because the named insured did not submit a new application in connection with the renewal transaction, we affirm. 

Here is a link to that opinion:

NOTE: There is oftentimes a battle as to whether there is UM coverage at the time of a collision that causes personal injuries.  This opinion offers a good explanation as to when UM coverage is in fact available under Tennessee law.  

No comments: