ACTION CHIROPRACTIC CLINIC, LLC v. PRENTICE DELON HYLER, ET AL. - Articles

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Posted by: Tanja Trezise on Feb 13, 2014

Court: TN Court of Appeals

Attorneys 1:

John P. Williams, Nashville, Tennessee, for the appellant, Action Chiropractic Clinic, LLC.

Attorneys 2:

Gary Brewer, Nashville, Tennessee, for the appellee, Prentice Delon Hyler and Erie Insurance Exchange.

Judge(s): DINKINS

Chiropractic clinic which provided services to party injured in an automobile accident brought action against the injured party, who had assigned the proceeds of his claim against tortfeaser to the clinic in payment of the services, and the tortfeasor’s liability insurer, which did not honor the assignment. The trial court granted summary judgment to the insurer holding that: the victim did not have any rights relative to the insurance provider; the insurance policy required written consent for an assignment and there was no evidence of such consent; there was no privity between the clinic and the insurance provider; the clinic was not a beneficiary of the insurance policy; and the suit was a direct action against an insurance company which is prohibited by Tennessee law. The clinic appeals. Finding no error, we affirm the grant of summary judgment.

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