Court of Appeals Opinions

Format: 10/22/2014
Format: 10/22/2014
03A01-9511-CV-00410
Authoring Judge:
Trial Court Judge: Ben K. Wexler
Court of Appeals 10/16/96
03A01-9511-CH-00412
Authoring Judge:
Trial Court Judge: John S. Mclellan, III
Sullivan County Court of Appeals 10/16/96
02A01-9511-CV-00262
Authoring Judge:
Trial Court Judge: Kay S. Robilio
Shelby County Court of Appeals 10/15/96
02A01-9504-CV-00073
Authoring Judge:
Trial Court Judge: George H. Brown
Shelby County Court of Appeals 10/15/96
02A01-9409-CH-00213
Authoring Judge:
Trial Court Judge: D. J. Alissandratos
Shelby County Court of Appeals 10/14/96
03A01-9605-CV-00163
Authoring Judge:
Trial Court Judge:
Court of Appeals 10/11/96
03A01-9604-CV-00119
Authoring Judge:
Trial Court Judge:
Court of Appeals 10/11/96
03A01-9603-CV-00078
Authoring Judge:
Trial Court Judge: Bill Swann
Knox County Court of Appeals 10/11/96
01A01-9604-CV-00145
Authoring Judge:
Trial Court Judge: Walter C. Kurtz
Davidson County Court of Appeals 10/11/96
01A01-9510-DR-00464
Authoring Judge:
Trial Court Judge: Burton D. Glover
Robertson County Court of Appeals 10/11/96
01A01-9601-CH-00046
Authoring Judge:
Trial Court Judge: Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 10/11/96
Wendy Setters individually and as the parent of minors Melanie Ann Setters and Nicole Krystal Setters, v. Permanent General Assurance Corporation
03A01-9605-CV-00161
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge John B. Hagler, Jr.

This is a declaratory judgment action. In the complaint, Wendy Setters (Mrs. Setters) seeks a declaration that an exclusion in her automobile insurance policy is invalid as against public policy; and, alternatively, that the exclusion, due to an ambiguity in the insurance policy, is unenforceable against her. The subject provision excludes the extension of liability coverage to an insured when that person's negligence causes injury to a family member. Relying on this exclusion, the defendant, Permanent General Assurance Corporation (Permanent General), denied coverage with respect to claims asserted by Mrs. Setters individually and on behalf of her children arising solely out of injuries sustained by the children in an automobile accident. The accident was caused, in part, by the negligent driving of her husband. The trial court granted Permanent General's motion for judgement on the pleadings, finding the exclusion to be valid, enforceable and not violative of the public policy" of Tennessee. Plaintiff appeals, raising two issues that present the following questions:

1. Is a provision in an automobile insurance policy excluding coverage for liability to a "family member" violative of the public policy of Tennessee?

2. Is the liability coverage in the subject policy ambiguous so as to warrant a strict constructino against Permanent General?

McMinn County Court of Appeals 10/10/96
02A01-9510-CV-00231
Authoring Judge:
Trial Court Judge: D'Army Bailey
Shelby County Court of Appeals 10/10/96