DENNIS MICHAEL HARRIS ET AL. v. MICKEY DEANNE HAYNES ET AL. - Articles

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Posted by: Tanja Trezise on Aug 27, 2014

Court: TN Supreme Court

Attorneys 1:

David A. Stuart, Clinton, Tennessee, for the appellants, Dennis Michael Harris and Judy A. Harris.

Attorneys 2:

Jonathan Swann Taylor and Courtney R. Houpt, Knoxville, Tennessee, for the appellee, Tennessee Risk Management Trust.

Robyn Beale Williams and Deanna Lee Fankhauser, Nashville, Tennessee, for the amici curiae, Tennessee Municipal League and Local Government Property and Casualty Fund.

Judge(s): CLARK

We granted permission to appeal to determine whether a governmental fund established in accordance with Tennessee Code Annotated sections 29-20-401 to -408 (2012), which allows governmental entities to pool resources in order to address liabilities created under the Governmental Tort Liability Act, is subject to the uninsured motorist coverage requirements of Tennessee Code Annotated sections 56-7-1201 to -1206 (2008). We hold that such funds are statutorily exempt from the insurance statutes and therefore the requirements of the uninsured motorist statute do not apply. Accordingly, we affirm the Court of Appeals’ judgment upholding the trial court’s decision granting summary judgment to Tennessee Risk Management Trust and remand to the trial court for further proceedings consistent with this decision.

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