OLD REPUBLIC LIFE INSURANCE COMPANY v. ROBERTA WOODY ET AL. - Articles

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Posted by: Tanja Trezise on Mar 17, 2017

Court: TN Court of Appeals

Attorneys 1:

Sean W. Martin and Ashley M. Baxter, Chattanooga, Tennessee, for the appellant, Old Republic Life Insurance Company.

Attorneys 2:

John Thomas Feeney, Nashville, Tennessee, for the appellees, Roberta Woody and Osborn Transportation, Inc.

Judge(s): SUSANO

This case involves the interpretation and application of the prior suit pending doctrine. Old Republic Life Insurance Company (Insurer) brought this action in the McMinn County Circuit Court (the trial court) as subrogee of Darrell King, its insured, who had been injured in an accident. King’s attorneys filed three separate notices of appearance on his behalf. King also moved to intervene in his Insurer’s suit, but later withdrew his motion. Still later, Insurer moved to join King as a necessary and indispensible party. The trial court granted the motion. More than two and half years after Insurer’s complaint was filed, King filed a complaint in Davidson County seeking compensation for his injuries. The trial court granted King’s motion to dismiss this action based on the prior suit pending doctrine. We hold that, under the prior suit pending doctrine, the trial court, McMinn County Circuit Court, is the proper forum. We vacate the judgment of the trial court and remand for futher proceedings.

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