Eastern Section Rules that the UM Arbitration Provision in TN Law Does Not Apply to an Insurance Contract Incepting in Texas

DONALD K. NELSON v. GERALD E. NELSON ET AL.
Court: TN Court of Appeals

Attorneys:

Byron K. Lindberg, Nashville, Tennessee, for the appellant, Republic Underwriters Insurance Agency.

Tonya Kennedy Cammon, Chattanooga, Tennessee, for the appellant, Government Employees Insurance Company.

Andrew L. Berke and Jeremy M. Cothern, Chattanooga, Tennessee, for the appellee, Donald K. Nelson.

Judge: SUSANO

This interlocutory appeal involves the question of whether the arbitration provisions contained in Tenn. Code Ann. §56-7-1206(f)-(k)(2008), a part of the Tennessee uninsured motorist (“UM”) statutory scheme, apply to policies with UM coverage that were issued and delivered in Texas. The trial court held that the arbitration provisions do apply. The UM carriers, brought into this action pursuant to the provisions of Tenn. Code Ann. §56-7- 1206(a), appealed that decision. We reverse the trial court’s judgment.

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