Court Hands Down 2 ‘Bodily Injury’ Rulings

The Tennessee Supreme Court today clarified that motor vehicle insurance policies need not cover mental injuries when the insured has suffered no physical injuries. Parents of an 18-year old who was struck by a car sued for wrongful death and negligent infliction of emotional distress. They sought to recover money damages for their alleged mental injuries under the uninsured motorist provision of their insurance policy. The high court unanimously rejected that claim. Read more or download the court’s opinion. In a second opinion, the court ruled that when considering whether a victim has suffered a serious bodily injury, a jury should consider the injury that occurred rather than the injury that could have occurred or the manner in which it occurred. Read more or download the opinion and a separate concurring opinion in the case.

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tsc_bodilyinjury_082212.pdf120.22 KB
garrisonj_082212.pdf136.16 KB