David Holt, et al. v. Barbara Pyles, et al. and David Holt, et al. v. State of Tennessee

Case Number
M2005-02092-COA-R3-CV

This case concerns a motor vehicle accident in which serious injuries were sustained. The insured believed that his insurance policy provided excess coverage if he were to be involved in an accident with an uninsured or underinsured motorist. In forming this belief, he relied upon statements by the insurance agent and the summary pages of his policy. Following the accident, the insurance company denied that the insured maintained excess protection under his uninsured or underinsured motorist coverage, citing an exclusionary endorsement in the policy. The insured alleged that the policy was ambiguous. The trial court granted the insurance company’s Motion For Summary Judgment, ruling that the policy was not ambiguous and that the insured’s affidavit was insufficient to create a genuine issue of material fact as to the representations made by the insurance agent. The judgment of the trial court is affirmed.

Authoring Judge
Judge William B. Cain
Originating Judge
Judge Walter C. Kurtz
Case Name
David Holt, et al. v. Barbara Pyles, et al. and David Holt, et al. v. State of Tennessee
Date Filed
Dissent or Concur
This is a dissenting opinion
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