DIANA L. POWELL, ET AL. V. PENNY D. CLARK - Articles

All Content


Posted by: Tanja Trezise on Feb 4, 2015

Court: TN Court of Appeals

Attorneys 1:

Alan M. Sowell, Nashville, Tennessee, for the appellant, Allstate Insurance Company.

Attorneys 2:

Michael D. Galligan and Susan N. Marttala, McMinnville, Tennessee, for the appellees, Diana and Ronald Powell.

Judge(s): ARMSTRONG

This appeal involves a limitation of liability in an insurance policy. Appellant Allstate Insurance Company seeks reduction of its uninsured motorist liability by amounts paid by Appellee insured’s automobile insurance carrier. In light of the legislative intent that offsets should be limited to monies received from legally responsible parties or entities, and the limiting language used in the Allstate policy, we conclude that the trial court correctly denied the offset in this case. Affirmed and remanded.

Attachments: