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Recent Tennessee Court of Appeals Decision Finds that One Year Statute of Limitations May Not Apply to Uninsured Motorist Claims

Posted on Aug 27 2017 10:58AM by Attorney, Jason A. Lee

The Tennessee Court of Appeals in Larry Stine Bates v. Michael J. Greene, W2016-01868-COA-R3-CV, 2017 WL 3206599 (Tenn. Ct. App. 2017) dealt with an interesting issue involving the statute of limitations that applies to the filing of a claim against an uninsured motorist carrier.  The uninsured motorist carrier in this case was Shelter Insurance. The plaintiff filed suit against the defendant, the alleged tortfeasor, within one year of the accident. However, the civil warrant was returned unserved. An alias was then issued for the defendant but it was also returned unserved. Over two years after the actual accident, an amended alias civil warrant was issued against the defendant, which added Shelter Insurance Company, plaintiff’s uninsured motorist carrier, as a defendant. The uninsured motorist carrier was served over two years after the accident occurred.


As a result, the insurance company filed a Motion for Summary Judgment and claimed that the action against it was barred by the one-year statute of limitations applicable to personal injury actions. The circuit court agreed and granted the Motion for Summary Judgment, dismissing the case against the uninsured motorist carrier. The court found the one-year personal injury statute of limitations applied to the uninsured motorist claim.


On appeal, the Tennessee Court of Appeals reviewed the situation in detail. They reviewed a significant amount of prior cases as well as statutory changes to the uninsured motorist statute.  Ultimately, the Court concluded that in this case, the one-year statute of limitations for a personal injury claim did not apply. Instead, the six-year statute of limitations for a contract cause of action applied for the claim against the uninsured motorist carrier.  Multiple prior Tennessee cases have held consistent with this opinion in the past. The Court also analyzed T.C.A. § 56 -7-1206(d) which provides the following:


(d) In the event that service of process against the uninsured motorist, which was issued to the motorist's last known address, is returned by the sheriff or other process server marked, “Not to be found in my county,” or words to that effect, or if service of process is being made upon the secretary of state for a nonresident uninsured motorist and the registered notice to the last known address is returned without service on the uninsured motorist, the service of process against the uninsured motorist carrier, pursuant to this section, shall be sufficient for the court to require the insurer to proceed as if it is the only defendant in the case.


Based on this statute the Court noted that the legislator intended that a plaintiff could sue the uninsured m...

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TAGS: Uninsured Motorist, Automobile/Motorcycle Liability, Statute of Limitations Comments [0]

Jason A. Lee is a Member of Burrow Lee, PLLC. He practices in all areas of defense litigation inside and outside of Tennessee.

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Tennessee Defense Litigation Blog
Jason A. Lee, Member of Burrow Lee, PLLC
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Nashville, TN 37203
Phone: 615-540-1004
E-mail: jlee@burrowlee.com