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:

https://www.tncourts.gov/sites/default/files/hughes_v._liberty_mutual_fire_insurance_opinion_unsigned.pdf.

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.  

Summary Judgment for Defense in a Personal Injury Action Upheld on Appeal

The Tennessee Court of Appeals has released its opinion in Malone v. Viele, No. E2021-00637-COA-R3-CV (Tenn. Ct. App. Dec. 27, 2021). The syllabus from the slip opinion reads:  

This is a negligence case arising out of an injury suffered by the plaintiff when he fell off a ladder at the defendant’s cabin which was then under construction. The trial court granted the defendant’s motion for summary judgment, holding that there was no genuine issue as to any material fact and that the plaintiff’s evidence was insufficient to establish his claim. The plaintiff appeals. We conclude that there is no dispute of material fact and that summary judgment in favor of the defendant was properly granted. Accordingly, we affirm.

Here is a link to that opinion: 

https://www.tncourts.gov/sites/default/files/malone_v._viele_opinion_e2021-637-coa_unsigned_opinion.pdf.

NOTE: This opinion offers up a good analysis of Tennessee summary judgment practice.  It is worth reading in my opinion.  

New Summary Judgment Opinion: Summary Judgment for Defendant Upheld on Appeal Because Plaintiff Failed to Comply with Rule 56.03, Tenn. R. Civ. P.

The Tennessee Court of Appeals has released its decision in Brennan v. Goble, No. E2020-00671-COA-R3-CV (Tenn. Ct. App. May 27, 2021).  The syllabus from the slip opinion reads:

This appeal arose from a personal injury action. The defendant filed a motion for summary judgment, accompanied by a statement of material facts in compliance with Tennessee Rule of Civil Procedure 56.03. The plaintiff responded to the defendant’s motion for summary judgment but failed to respond to the separate statement of material facts. As a result of the plaintiff’s failure to respond to the statement of material facts, the Trial Court deemed those facts as stated by the defendant as admitted and granted summary judgment in favor of the defendant upon its determination that the defendant had negated an essential element of the plaintiff’s claim. Discerning no error, we affirm.

Here is a link to the slip opinion:

https://www.tncourts.gov/sites/default/files/e2020-671_brennan_v._goble.pdf.

NOTE: This is a correct result.  I have seen both movants and nonmovants fail to comply with Rule 56.03's requirement of citing to the record to support or oppose a motion for summary judgment (which does not end well for the noncompliant party).  As noted on page 10 of this decision, Rule 56.03 exists so that a court does not have to unnecessarily dig through an entire record just to determine if a dispute exists as to a material fact.