Dennis Michael Harris v. Mickey Deanne Haynes
445 S.W.3d 143
| Tenn. | 2014Background
- Harris, a sheriff's deputy, was struck at night while directing traffic at a collision scene on August 15, 2009 and received workers' compensation.
- In July 2010, Harris and his wife sued Haynes and Furrow for negligence and vicarious liability; a default judgment was entered against Haynes awarding $1,000,000 to Harris and $250,000 to Harris's wife.
- Neither Haynes nor Furrow had insurance; plaintiffs also pursued uninsured motorist coverage from Tennessee Risk Management Trust (TRMT).
- TRMT is a government self-insurance pool created under GTLA and interlocal statutes to pool resources for risk management, insurance, or self-insurance for governmental entities.
- Anderson County joined TRMT and was issued a Coverage Document excluding employees and workers’ compensation injuries from uninsured motorist coverage.
- The trial court granted TRMT summary judgment; the Court of Appeals affirmed; the Tennessee Supreme Court granted discretionary review to decide whether TRMT is exempt from uninsured motorist statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TRMT is exempt from uninsured motorist statute | Harris asserts UM statute applies to TRMT. | TRMT contends it is exempt as a government self-insurance pool under 29-20-401(d)(1). | TRMT exempt; UM statute inapplicable. |
| If exempt, whether plaintiffs may recover uninsured motorist benefits from TRMT | Exclusion in Coverage Document should not bar recovery if UM statute applies. | Exemption plus Coverage Document exclusion bars UM benefits. | Plaintiffs cannot recover; summary judgment for TRMT affirmed. |
Key Cases Cited
- Hill v. Tex. Council Risk Mgmt. Fund, 20 S.W.3d 209 (Tex. App. 2000) (self-insurance pools not subject to state uninsured motorist statutes)
- Nassau Ins. Co. v. Guarascio, 442 N.Y.S.2d 83 (N.Y. App. Div. 1981) (self-insured municipalities exempt from UM coverage requirements)
- Ellis v. R.I. Pub. Transp. Auth., 586 A.2d 1055 (R.I. 1991) (self-insurers exempt from uninsured motorist coverage requirement)
- Ga. Interlocal Risk Mgmt. Agency v. Godfrey, 699 S.E.2d 377 (Ga. Ct. App. 2010) (interlocal pool not obligated to provide UM coverage)
- City of Laramie v. Facer, 814 P.2d 268 (Wyo. 1991) (government-pooled funds are not insurance)
- Maines v. Hill, 190 F. Supp. 2d 1072 (W.D. Tenn. 2002) (federal case distinguishing private self-insurers from TRMT-type pools)