Gray v. Tennessee Farmers Mut. Ins. Co.

1 Citing case

  1. Brewer v. Richardson

    893 S.W.2d 935 (Tenn. 1995)   Cited 14 times
    Allowing reliance on the direct action procedure where a summons was issued and returned within a month of the filing of the complaint

    Because ยง 56-7-1206(d) allows a direct action against the insurer, the fact that a voluntary non-suit was granted as to the uninsured motorist Richardson in this case is immaterial. Once the process issued to Richardson was returned with the notation "not to be found," Brewer had the right under the statute to proceed directly against CSC. That Brewer possessed this right does not mean, of course, that he was relieved of the burden of proving the elements of his case, including the fact that Richardson was actually uninsured. See Gray v. Tennessee Farmers Mutual Ins. Co., 727 S.W.2d 958, 959-60 (Tenn. App. 1987); Jones v. Prestige Casualty Co., 646 S.W.2d 918, 920 (Tenn. App. 1982). However, Brewer did present evidence of Richardson's lack of insurance at the general sessions trial, and because CSC did not appear to defend the action, that testimony must be considered as uncontroverted.