Opinion
3:12-CV-1219
01-09-2013
RANDALL D. BUTLER, Plaintiff, v. GSA INTERNATIONAL, LTD., RYDER TRUCK RENTAL, LT., and ROBERT L. MITCHELL, Defendants.
APPROVED FOR ENTRY: LEWIS, KING, KRIEG & WALDROP, P.C. Mary Beth Haltom, BPR # 024462 Attorneys for Unnamed Defendant Kentucky National Insurance Company LAW OFFICE OF BART DURHAM Blair P. Durham, BPR No. 021453 H. Anthony Duncan, BPR No. 20056 Aaron Woodard, BPR No. 24807 Attorneys for Plaintiff SMITH & TOMKINS Warren M. Smith, BPR No. 10622 Attorneys for GSA International Ltd., Ryder Truck Rental, LT., and Robert L. Mitchell
JURY DEMAND
Judge Campbell
Magistrate Judge Griffin
AGREED ORDER OF DISMISSAL OF UNNAMED DEFENDANT
KENTUCKY NATIONAL INSURANCE COMPANY
It appearing to the Court, as evidenced by the signatures of counsel for the parties below, that the parties hereto are in agreement that it is appropriate for Kentucky National Insurance Company to be dismissed from this cause, with the provisions that if, for any reason hereafter, the liability insurance carrier for the named Defendants denies coverage to the Defendants, or if the Defendants' insurance company is not able to provide liability insurance in this cause, then, in that event, Plaintiff shall be allowed to renew his uninsured/underinsured motorist claim against Kentucky National Insurance Company; and in that event, Kentucky National Insurance Company shall be allowed to conduct any necessary discovery pursuant to Tennessee Code Annotated § 56-7-1206.
It is therefore ORDERED that the Complaint in this cause be, and is hereby dismissed without prejudice as to Kentucky National Insurance Company, the uninsured/underinsured motorist carrier of Plaintiff.
It is further ORDERED that in the event the liability insurance carrier for Defendants, for whatever reason, denies coverage to Defendants and/or if Defendants' insurance company is not able to provide liability insurance in this cause, then, in that event, Plaintiff shall be allowed to renew his uninsured/underinsured motorist claim against Kentucky National Insurance Company. Any time limitations of action by law, statute, insurance policy or otherwise, are hereby waived by Kentucky National Insurance Company. Therefore, Kentucky National Insurance Company shall have the right to conduct any necessary discovery in this cause pursuant to Tennessee Code Annotated § 56-7-1206 prior to the case being tried. All other rights and remedies available to Kentucky National Insurance Company are reserved.
________________________
JUDGE
APPROVED FOR ENTRY: LEWIS, KING, KRIEG & WALDROP, P.C. By: ___________________________
Mary Beth Haltom, BPR # 024462
Attorneys for Unnamed Defendant
Kentucky National Insurance Company
LAW OFFICE OF BART DURHAM By: ___________________________
Blair P. Durham, BPR No. 021453
H. Anthony Duncan, BPR No. 20056
Aaron Woodard, BPR No. 24807
Attorneys for Plaintiff
SMITH & TOMKINS By: ___________________________
Warren M. Smith, BPR No. 10622
Attorneys for GSA International Ltd., Ryder
Truck Rental, LT., and Robert L. Mitchell
CERTIFICATE OF SERVICE
I hereby certify that on this the 9th day of January, 2013, a copy of the foregoing Agreed Order of Dismissal of Unnamed Defendant Kentucky National Insurance Company was filed electronically. Notice of this filing will be sent by operation of the Court's electronic filing system to all parties indicated on the electronic filing receipt. All other parties will be served by regular U.S. mail. Parties may access this filing through the Court's electronic filing system. Blair P. Durham, Esq.
H. Anthony Duncan, Esq.
Aaron Woodard, Esq.
1712 Parkway Towers
404 James Robertson Parkway
Nashville, TN 37219
Warren M. Smith, Esq.
Smith & Tomkins
214 Second Avenue North
Suite 100
Nashville, TN 37201
________________________
Mary Beth Haltom