Larrystine Bates v. Michael J. Greene
544 S.W.3d 345
| Tenn. Ct. App. | 2017Background
- Motor vehicle accident on May 5, 2011; Bates sued the driver (Greene) within one year (April 24, 2012) but process on Greene was returned unserved after multiple attempts.
- After additional alias writs failed, Bates issued an amended alias civil warrant adding her uninsured motorist carrier, Shelter Insurance, and served Shelter on July 31, 2013 (two years post-accident).
- Shelter moved for summary judgment arguing the one-year personal injury statute of limitations barred Bates’s claim; trial court granted the motion, concluding Bates’s claim “sounds in tort.”
- Bates argued her claim against Shelter was contractual (uninsured motorist coverage) and thus governed by the six-year contract statute of limitations; she relied on Tennessee precedent treating UM claims as ex contractu.
- The Court of Appeals reviewed statutory scheme (Tenn. Code Ann. § 56-7-1206) permitting direct actions against an insurer when the tortfeasor cannot be served, and concluded the one-year tort limitation did not apply to Bates’s claim against Shelter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bates’s claim against her UM carrier is governed by the 1-year tort or 6-year contract statute of limitations | Bates: UM claim is contractual; six-year limitation applies | Shelter: UM statute and procedure require service on insurer within one year; one-year tort limitation applies | The one-year tort statute is inapplicable; action against insurer is governed by contract limitations (six-year) and trial court reversed |
Key Cases Cited
- Schleif v. Hardware Dealer’s Mut. Fire Ins. Co., 404 S.W.2d 490 (Tenn. 1966) (held suit against UM carrier is ex contractu and governed by six‑year contract statute of limitations)
- Price v. State Farm Mut. Auto. Ins. Co., 486 S.W.2d 721 (Tenn. 1972) (applied Schleif to declaratory judgment claim against UM carrier)
- Cavalier Ins. Corp. v. Osment, 538 S.W.2d 399 (Tenn. 1976) (explained UM claims are claims under the insurance policy and equitable doctrines may affect relief)
- Bolin v. Tenn. Farmer’s Mut. Ins. Co., 614 S.W.2d 566 (Tenn. 1981) (discussed late-stage claims against insurers and the legislature’s remedial UM statute)
- Estate of Kirk ex rel. Kirk v. Lowe, 70 S.W.3d 77 (Tenn. Ct. App. 2001) (UM carrier protects the insured against inadequate compensation; insurer is not the tortfeasor)