CHRISTOPHER MCCOY v. KATELYN CONWAY ET AL. - Articles

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CHRISTOPHER MCCOY v. KATELYN CONWAY ET AL.

Posted by: Karen Belcher on Aug 5, 2022

Court: TN Court of Appeals

Attorneys 1: Jay R. McLemore and Donald R. Ferguson, Franklin, Tennessee, for the appellant, Allstate Property and Casualty Insurance Company.

Attorneys 2: Neal Agee, Jr., Lebanon, Tennessee, for the appellee, Christopher McCoy.

Judge(s): STAFFORD

The plaintiff was injured when his car was hit by an uninsured driver. The plaintiff was initially paid $5,000.00 from the medical payments coverage of his automobile policy. A jury then found the plaintiff’s compensatory damages to total $80,000.00. The plaintiff’s uninsured motorist carrier then paid the plaintiff $45,000.00, representing the policy limit of $50,000.00 less the prior $5,000.00 payment. The plaintiff then sought to compel the uninsured motorist carrier to pay the additional $5,000.00 owed under the uninsured motorist policy. The trial court agreed and ordered the uninsured motorist carrier to pay the plaintiff an additional $5,000.00, resulting in total payment by the carrier to the plaintiff of $55,000.00. The uninsured motorist carrier appeals. We reverse the decision of the trial court.

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