LARRYSTINE BATES v. MICHAEL J. GREENE, ET AL. - Articles

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Posted by: Landry Butler on Jul 27, 2017

Court: TN Court of Appeals

Attorneys 1:

Cornelius Bostick, Memphis, Tennessee, for the appellant, Larrystine Bates.

Attorneys 2:

Samantha Erin Bennett, Memphis, Tennessee, for the appellee, Shelter Insurance Company.

Judge(s): GIBSON

This appeal involves the appropriate statute of limitations applicable to a claim against an insurance company for uninsured motorist coverage. The plaintiff-driver filed this lawsuit against the defendant-driver but was unable to serve him with the civil warrant despite repeated attempts. Over a year after the lawsuit was filed, the plaintiff had an additional alias civil warrant issued adding her insurer as the uninsured motorist carrier, and she served the amended civil warrant on the insurer. The insurer moved for summary judgment based on the statute of limitations. The trial court concluded that the plaintiff’s claim against the insurer in accordance with her uninsured motorist coverage arose out of the alleged negligence of the uninsured motorist, and therefore, it was governed by the one-year statute of limitations applicable to personal injury claims. Accordingly, the trial court granted summary judgment to the insurer based on the expiration of the one-year statute of limitations. Finding the one-year statute of limitations inapplicable, we reverse and remand for further proceedings.

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