Tort and Insurance Law Section

This section provides a venue for attorneys to share views and to develop relationships with colleagues in this area of practice. The section offers CLE on issues impacting both tort and insurance law and sends out case updates to its members.

Chair
Liberty Mutual Group Inc.
Gateway Plz 1 5409 Maryland Way #212
Brentwood, TN 37027
(615)986-7700
Immediate Past Chair
Farmers Insurance Exchange and...
6 Cadillac Dr., Suite 260
Brentwood, TN 37027
(615)370-7002

Pre-suit Notice Provision Applies to Governmental Health Care Providers, per Middle Section

VALDA BOWERS BANKS ET AL. v. BORDEAUX LONG TERM CARE ET AL.
Court: TN Court of Appeals

Attorneys:

Joseph K. Dughman, Nashville, Tennessee, for the appellant, Valda Bowers Banks.

Paul Jefferson Campbell, II, Catherine Jane Dundon, and Melissa S. Roberge, Nashville, Tennessee, for the appellees, Bordeaux Long Term Care, Hospital Authority of the Metropolitan Government of Nashville, and Metropolitan Government of Nashville Davidson County.

Judge: CLEMENT

The principal issue in this appeal is whether the 2011 amendments to the Healthcare Liability Act (“HCLA”) extend the statute of limitations in Governmental Tort Liability Act (“GTLA”) cases. The trial court concluded that the 2011 amendments did not extend the statute of limitations for healthcare liability claims against governmental entities and dismissed all claims against the governmental entities as time-barred. Plaintiff appealed. After this appeal was filed, this court ruled in Harper v. Bradley Cnty., No. E2014-00107- COA-R9-CV, 2014 WL 5487788 (Tenn. Ct. App. Oct. 30, 2014), that the 2011 amendments to the HCLA extend the GTLA’s one-year statute of limitations by 120 days when a plaintiff has complied with the pre-suit notice requirements of the HCLA, and we concur with the ruling in Harper. Because the plaintiff in this action complied with the pre-suit notice requirements of the HCLA and commenced this action against the governmental entities within the 120-day window, we have determined this action was commenced timely. Therefore, the plaintiff’s claims against the governmental entities should not have been dismissed as time-barred. Accordingly, we reverse the dismissal of these claims and remand for reinstatement of the claims and for further proceedings consistent with this opinion.

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Contractually Shortened State of Limitation Imposed by Court of Appeals in Reversing Trial Court

LLOYD L. MEYERS v. FARMERS AID ASSOCIATION OF LOUDON COUNTY, TENNESSEE
CORRECTION: Lisa Jellison Hall has been added as an attorney for the appellant
Court: TN Court of Appeals

Attorneys:

Christopher Dunn Heagerty and Lisa Jellison Hall, Knoxville, Tennessee, for the appellant, Farmers Aid Association of Loudon County, Tennessee.

A. Wayne Henry, for the appellee, Lloyd L. Meyers.

Judge: ARMSTRONG

This is an interlocutory appeal from the denial of Appellant insurer’s motion for summary judgment in an action on a homeowner’s policy that contained a contractual one-year statute of limitations. The Appellee insured filed suit eighteen months after the loss occurred. In the trial court, the Appellant insurer moved for summary judgment, arguing that the one-year statute of limitations in the Appellee insured’s policy was a bar to his action. The trial court agreed with the Appellee’s interpretation of the policy provisions and denied the motion for summary judgment. This court granted the Appellant’s application for interlocutory appeal. Following our review, we reverse the trial court’s decision and remand the case for entry of summary judgment in favor of Appellant.

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