Christopher Hinds Et Al. v. Patsy Selman Oliver Et Al.

This case involves a dispute over recovery under the Tennessee uninsured/underinsured motorist statutory scheme. The plaintiffs initiated a lawsuit against the defendant driver and served notice on their own insurance carrier. The plaintiffs also served notice on the insurance carrier covering the borrowed vehicle that the plaintiffs had been utilizing when the accident occurred. The plaintiffs’ insurer entered into a settlement with the plaintiffs for $50,000 each, an amount that equaled the policy limit of the uninsured motorist coverage provided in the policy covering the borrowed vehicle. The defendant driver’s insurer also entered into a settlement with the plaintiffs, paying them $30,000 each. The uninsured motorist carrier covering the borrowed vehicle filed a motion for summary judgment. Following a hearing, the trial court granted summary judgment in favor of the insurance carrier upon concluding that Tennessee Code Annotated § 56-7-1201(b)(3)(D) and the policy covering the borrowed vehicle limited the plaintiffs’ recovery via judgment to an amount no greater than the policy providing the highest limits of uninsured motorist coverage. Plaintiffs have appealed.
Discerning no reversible error, we affirm.