The team at Dodson Parker Behm & Capparella, PC shares updates and thoughts on developments in the law.

Insurance Company Can’t Have It Both Ways, Estopped From Statute of Limitations Defense

In the recent case of Clark  v. Powers, the Tennessee Court of Appeals determined that an insurance company couldn’t avoid liability under a statute of limitations defense by arguing lack of service of process when it had allowed a co-defendant to enter into a written agreement to delay service.   The lawsuit arose from a car accident that occurred on July 6, 2012.  Plaintiffs Sandra and...

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Statute of Limitations Bars Subrogation Claim in Car Wreck Case

The Tennessee Court of Appeals case State Farm Mutual Ins. Co. v. Blondin presents a clever (but unsuccessful) attempt to work around a statute of limitations defense. Background This action arises from an automobile accident that occurred on July 7, 2009. State Farm filed an action to recover amounts paid to its insured, Jenny Rone and a passenger in Ms. Rone’s vehicle under the uninsured...

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