TENNESSEE

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Tennessee Courts Gibson Guitar's Delay in Providing Notice

"Tennessee courts excuse even extreme delay in providing notice in cases where the insured reasonably believed there would be no liability on the policy or could not have notified the insurer because he did not know of the policy or was not at fault for not having discovered coverage sooner."

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CHOICE OF LAW

Choice of Law Admission of Extrinsic Evidence Insurer Allocation Pre-Tender FeesStatute of Limitations
Lex loci contractusFacts set forth in the pleadings aloneIf one claim is potentially covered, must defend entire suit Not Addressed6 years
In re Estate of Davis, 184 S.W.3d 231, 234 (Tenn. Ct. App. 2004)Appel Corp. v. St. Paul Fire & Marine Ins. Co., 930 S.W.2d 550, 553 (Tenn. Ct. App. 1996)American Indem. Co. v. Sears, 195 F.2d 353, 356 (6th Cir. 1952)(Tenn. Code Ann. § 28-3-109)
Pre-Judgment Interest Late Notice Public Policy Bar Independent CounselAtty's Fees/Decl. Relief Action
10%Notice-prejudiceBar to indemnity and defenseInsurer has right to choose even if in-house counselRecoverable
(Tenn. Code Ann. § 47-14-103)Alcazar v. Hayes, 982 S.W.2d 845, 856 (Tenn. 1998)Stepp v. Hill, 1993 Tenn. App. LEXIS 380, at *7 (Tenn. Ct. App. May 28, 1993)In re Petition of Youngblood, 895 S.W.2d 322, 328-29 (Tenn. 1995)Reliance Ins. Co. v. WSN Leasing, Inc., 1997 Tenn. App. LEXIS 492, at *8 (Tenn. Ct. App. July 16, 1997)