TENNESSEE FARMERS MUTUAL INSURANCE COMPANY v. SOUTHERN DAMAGE APPRAISALS, LLC - Articles

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Posted by: Landry Butler on Mar 21, 2018

Court: TN Court of Appeals

Attorneys 1:

Jonathan A. Garner, Springfield, Tennessee, for the appellant, Tennessee Farmers Mutual Insurance Company a/s/o Jared Smalley and Cara Gurszecki.

Attorneys 2:

Benjamin E. Goldammer, Nashville, Tennessee, for the appellee, Southern Damage Appraisals, LLC a/k/a Willow Works.

Judge(s): SWINEY

Tennessee Farmers Mutual Insurance Company (“TN Farmers”), a/s/o Jared Smalley and Cara Gurszecki (“the Homeowners”) sued Southern Damage Appraisals, LLC a/k/a Willow Works (“SDA”) in connection with a construction project that SDA performed on the Homeowners’ house located in Robertson County, Tennessee. SDA filed a motion for summary judgment alleging that the suit was barred by the statute of repose contained in Tenn. Code Ann. § 28-3-202. After a hearing on the motion for summary judgment, the Circuit Court for Robertson County (“the Trial Court”) entered its order granting summary judgment to SDA after finding and holding, inter alia, that TN Farmers’ claim was for subrogation, the claim was subject to the four year statute of repose contained in Tenn. Code Ann. § 28-3-202, and as the claim had been filed more than four years after substantial completion of the work TN Farmers’ claim was barrred. We find and hold that the claim was one for subrogation asserting a right pursuant to an alleged contract between the Homeowners and SDA, that TN Farmers failed to show the existence of any contract between the Homeowners and SDA, and that even if a contract between the Homeowners and SDA did exist coverage for such a contract would be excluded under the insurance policy between TN Farmers and the Homeowners. We, therefore, find and hold that the Trial Court did not err in granting summary judgment to SDA.