Poper ex rel. Poper v. Rollins

Summary

The Tennessee Supreme Court held that Tenn. Code Ann. § 56-7-1201(d) permits an uninsured motorist insurer to offset all liability insurance payments, bonds, and securities applicable to the insured's bodily injury or death. The court further held that Tennessee's comparative-fault doctrine does not alter the statute's operation. Because the plaintiff's settlements totaled $530,000, exceeding his $100,000 uninsured motorist policy limit, the insurer had no liability.

Holdings

1. Tenn. Code Ann. § 56-7-1201(d) unambiguously permits an uninsured-motorist insurer to limit its liability by offsetting all liability and primary uninsured-motorist insurance payments, bonds, and securities applicable to the insured's bodily injury or death.
2. Tennessee's comparative-fault doctrine does not affect or modify the clear language of Tenn. Code Ann. § 56-7-1201(d).
3. Farmers was entitled to summary judgment because Poper's $530,000 in settlements exceeded the $100,000 limit of his uninsured-motorist policy, leaving Farmers with no liability under the statute.

Questions Presented

1. Whether Tenn. Code Ann. § 56-7-1201(d) permits an uninsured-motorist insurer to offset all insurance payments, bonds, and securities applicable to the insured's injury or death against the policy limit.
2. Whether Tennessee's comparative-fault doctrine, including the abolition of joint and several liability in McIntyre v. Balentine, alters the application of Tenn. Code Ann. § 56-7-1201(d).
3. Whether Farmers was entitled to summary judgment because Poper's total recoveries exceeded the $100,000 uninsured-motorist policy limit.

Disposition

affirmed