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Posted by: Tanja Trezise on Mar 2, 2015

Court: TN Court of Appeals

Attorneys 1:

Patrick Shea Callahan, Cookeville, Tennessee, for the appellant, Edward Martin.

Attorneys 2:

Benjamin J. Miller, Nashville, Tennessee, for the appellee, Gregory Powers.

Judge(s): DINKINS

Holder of an automobile liability insurance policy brought suit to recover for injuries sustained after being struck by a driver in a rental vehicle. The policy holder also sought coverage under the uninsured motorist coverage provision of his policy. Insurance carrier filed answer denying coverage and moved for summary judgment, contending that the policyholder was not entitled to coverage because the vehicle involved in the incident was owned by a rental car agency and, consequently, his damages did not arise out of the ownership, maintenance or use of an uninsured motor vehicle as required by the policy. The trial court held that the rental car agency was a self-insurer under Tennessee law and, consequently, the vehicle was not an “uninsured motor vehicle,” and granted the carrier’s motion. Policyholder appeals; finding no error, we affirm the judgment.