Impact of Liability Insurance in Excess of Damages Cap
1. Crutcher v. Maury County, Tennessee, M2007-00244-COA-R3-CV (Tenn. Ct. App. July 9, 2008).
The Court's Summary:
"Plaintiff appeals the trial court’s determination that under the Tenn. Code Ann. § 29-20-404(a) of the Tennessee Governmental Tort Liability Act, the limitation of liability in Tenn. Code Ann. § 29-20-403 applies even if there is insurance policy coverage with a greater limitation of liability since the policy did not contain an express waiver of the limitation of liability. The defendant County also appeals several determinations by the trial court regarding the admissibility of expert proof, allocation of fault, allowing proof of negligent entrustment and damages for loss of consortium. We affirm." View opinion.
The Court's Summary:
"Plaintiff appeals the trial court’s determination that under the Tenn. Code Ann. § 29-20-404(a) of the Tennessee Governmental Tort Liability Act, the limitation of liability in Tenn. Code Ann. § 29-20-403 applies even if there is insurance policy coverage with a greater limitation of liability since the policy did not contain an express waiver of the limitation of liability. The defendant County also appeals several determinations by the trial court regarding the admissibility of expert proof, allocation of fault, allowing proof of negligent entrustment and damages for loss of consortium. We affirm." View opinion.