TENNESSEE FARMERS MUTUAL INSURANCE COMPANY v. ESTATE OF RICHARD M. ARCHIE AND JESSICA COSSITT - Articles

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Posted by: Landry Butler on Dec 21, 2016

Court: TN Court of Appeals

Attorneys 1:

Andrew H. Owens and Ashleigh C. Kiss, Memphis, Tennessee, for the appellant, Tennessee Farmers Mutual Insurance Company.

Attorneys 2:

Matthew Porter, Memphis, Tennessee, for the appellee, Jessica Cossitt.

Dawn Davis Carson and Jason R. Hollingsworth, Memphis, Tennessee, for the appellee, State Farm Mutual Automobile Insurance Company.

Judge(s): GOLDIN

This appeal involves a dispute regarding a household exclusion clause in an automobile insurance policy. Following a motorcycle accident in which the defendant was injured while riding as a passenger of the insured, the insurance company filed suit seeking a declaratory judgment that the exclusion relieved it of liability for the defendant’s claims because the defendant was residing in the insured’s household at the time of the accident. Following a bench trial, the trial court found that the defendant was not residing in the insured’s household at the time of the accident for purposes of determining liability coverage and denied the insurance company’s request for declaratory relief. The insurance company appealed. We affirm.