UM/UIM Demand Letter - Tennessee

UM/UIM (UNINSURED/UNDERINSURED MOTORIST) DEMAND LETTER

State of Tennessee

[LAW FIRM LETTERHEAD]

SETTLEMENT COMMUNICATION — FOR COMPROMISE PURPOSES ONLY
TENN. R. EVID. 408 / FED. R. EVID. 408 MAY LIMIT SPECIFIED USES OF DISPUTED-CLAIM NEGOTIATIONS; THEY DO NOT CREATE A GENERAL PRIVILEGE
UM/UIM POLICY-LIMITS DEMAND — TENNESSEE LAW

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [ADJUSTER_EMAIL]

Date: [__/__/____]

[INSURANCE_COMPANY_NAME]
[UM_UIM_CLAIMS_DEPARTMENT_ADDRESS]
[CITY], [STATE] [ZIP]

Attention: [ADJUSTER_NAME], [ADJUSTER_TITLE]

Re: UM/UIM POLICY LIMITS DEMAND — TENNESSEE LAW
Insured/Claimant: [________________________________]
Policy Number: [________________________________]
Claim Number: [________________________________]
Date of Loss: [__/__/____]
County of Loss: [________________________________], Tennessee
UM/UIM Policy Limits: $[________________________________]
Tortfeasor: [________________________________]
Tortfeasor's Carrier: [________________________________]
Tortfeasor's Liability Limits: $[________________________________]
Response Deadline: [__/__/____] (a reasonable time to respond to this policy-limits demand)

Dear [ADJUSTER_NAME]:

I. INTRODUCTION AND FORMAL DEMAND

This firm represents [CLIENT_NAME] ("our client") — who is your own insured — in connection with a claim for [uninsured/underinsured] motorist benefits under a policy of insurance issued in Tennessee and governed by Tennessee law. This letter is a demand to settle the UM/UIM claim for policy limits and a notice of the Company's obligation, as our client's insurer, to handle and settle this first-party claim in good faith. See MFA Mut. Ins. Co. v. Flint, 574 S.W.2d 718, 721 (Tenn. 1978); Rutherford v. Tenn. Farmers Mut. Ins. Co., 608 S.W.2d 843, 846 (Tenn. 1980) (good-faith duty applies to UM/UIM coverage).

We hereby demand payment of the full UM/UIM policy limits of $[UM_UIM_LIMITS].

Under Tennessee's financial responsibility law, Tenn. Code Ann. § 55-12-102, the minimum liability limits in Tennessee are $25,000 per person / $50,000 per accident for bodily injury and $15,000 for property damage. The tortfeasor in this case carried policy limits of $[TORTFEASOR_LIMITS], which are wholly inadequate to compensate our client's damages of $[TOTAL_DAMAGES]. UM/UIM coverage exists under Tennessee law precisely to fill this gap and to protect our client — the Company's own insured — from negligent, uninsured, and underinsured motorists.

II. GOVERNING TENNESSEE UM/UIM LAW

A. Mandatory UM Coverage — Tenn. Code Ann. § 56-7-1201

Tennessee requires that every automobile liability policy delivered, issued for delivery, or renewed in Tennessee include uninsured motorist coverage, unless the named insured has rejected such coverage in writing. Tenn. Code Ann. § 56-7-1201(a), (a)(2). UM coverage protects "persons insured under the policy who are legally entitled to recover compensatory damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death."

Pursuant to Tenn. Code Ann. § 56-7-1201(a)(1)–(2), the UM/UIM limits must equal the policy's bodily injury liability limits unless the insured affirmatively selects lower limits (but not below the statutory minimum limits referenced in § 55-12-107).

B. UIM Coverage — "Underinsured" Defined

Under Tennessee law, a motor vehicle is "uninsured" — a term that includes an underinsured motor vehicle — when the sum of the liability limits available to the insured under all valid and collectible policies is less than the applicable UM coverage limits under the insured's own policy. Tenn. Code Ann. § 56-7-1202(a)(1). Tennessee is a "difference" or "gap" jurisdiction — meaning UIM coverage pays the difference between the tortfeasor's available limits and the insured's damages, up to the UIM policy limits.

C. No Stacking — Priorities of Coverage — Tenn. Code Ann. § 56-7-1201(b), (d)

Tennessee does not permit stacking of UM/UIM coverage. Section 56-7-1201(b) fixes the applicable coverage by the insured's status at the time of loss and caps total recovery at a single policy's limits:

• Non-occupant (e.g., pedestrian): only the policy under which the insured has the highest UM limits applies; "[i]n no instance shall uninsured motorist coverage from more than one (1) policy be available as primary coverage." Tenn. Code Ann. § 56-7-1201(b)(1).
• Occupant of the insured's own vehicle: only the UM limits on that vehicle apply. Limits "shall not be increased because of multiple motor vehicles whether covered under a single policy or multiple policies," and total recovery from all policies and bonds may not exceed the insured's UM limits. Tenn. Code Ann. § 56-7-1201(b)(2).
• Occupant of a non-owned vehicle: the host vehicle's UM coverage is primary, with the insured's own policy (and then any policy under which the insured is covered other than as a named insured) available only as excess; in no event may total benefits exceed the highest single applicable UM limit. Tenn. Code Ann. § 56-7-1201(b)(3).

In addition, the UM/UIM carrier is entitled to an offset: its limit of liability is the policy's UM limit less the sum of all liability and primary UM limits collectible for the bodily injury or death. Tenn. Code Ann. § 56-7-1201(d); Poper ex rel. Poper v. Rollins, 90 S.W.3d 682 (Tenn. 2002).

D. Consent-to-Settle / Preserve-UIM Procedure — Tenn. Code Ann. § 56-7-1206(f)–(k)

Tennessee has a detailed statutory procedure that lets an insured accept the tortfeasor's liability limits and still pursue UM/UIM benefits. Under Tenn. Code Ann. § 56-7-1206(f)–(k): where the liable party offers the limits of all available liability policies (in an aggregate less than the insured's UM limits), the insured may accept, execute a full release, and preserve the UM/UIM claim by agreeing to submit it to binding arbitration. Tenn. Code Ann. § 56-7-1206(f). The liability carrier must give the UM/UIM carrier written notice of the offer (§ 56-7-1206(g)(2)), and the insured must give written notice of intent to accept and to arbitrate (§ 56-7-1206(g)(3)). The UM/UIM carrier then has thirty (30) days after both notices to consent, agree to binding arbitration, and waive subrogation (§ 56-7-1206(g)(4)) — or, to preserve its subrogation rights and its right to a jury trial, it may within the same thirty (30) days advance to the insured the full amount of the liability offer (§ 56-7-1206(k)). The UM/UIM carrier receives credit for all amounts the insured collects from liable parties. Tenn. Code Ann. § 56-7-1206(i).

[If applicable:] We hereby give [CARRIER_SHORT_NAME] written notice under Tenn. Code Ann. § 56-7-1206(g)(3) of our client's intent to accept [TORTFEASOR_CARRIER]'s tender of $[TORTFEASOR_LIMITS] and to submit the UM/UIM claim to binding arbitration. Within thirty (30) days after receipt of the required notices, the Company must either consent and waive subrogation (§ 56-7-1206(g)(4)) or advance the offered amount to preserve subrogation (§ 56-7-1206(k)).

E. Statute of Limitations — Six Years for Contract Claim

Unlike the one-year personal-injury statute of limitations applicable to the tortfeasor, a UM/UIM claim against one's own insurer is a contract action governed by the six-year statute of limitations under Tenn. Code Ann. § 28-3-109. The Tennessee Supreme Court has consistently held that UM claims sound in contract, not tort.

III. POLICY AND COVERAGE ANALYSIS

A. Policy Details

B. Trigger of UM/UIM Coverage

☐ Uninsured Motorist — Tortfeasor had no liability insurance at the time of the collision
☐ Uninsured Motorist — Tortfeasor's carrier has denied coverage (copy of denial letter attached)
☐ Uninsured Motorist — Tortfeasor's carrier is insolvent or in rehabilitation/liquidation
☐ Uninsured Motorist — Hit-and-run driver; identity unknown (see § 56-7-1201(e): recovery requires physical contact OR the unknown motorist's existence shown by clear and convincing evidence, plus a timely report to law enforcement)
☐ Underinsured Motorist — Tortfeasor's liability limits of $[TORTFEASOR_LIMITS] are less than our client's total damages of $[TOTAL_DAMAGES]

C. Our Client Is a Covered Person

Our client qualifies as an "insured" under the policy because:

☐ Named insured on the declarations page
☐ Resident relative of the named insured (Tennessee law recognizes household residency)
☐ Permissive user of a covered vehicle
☐ Occupant of a covered vehicle at time of loss
☐ Pedestrian struck by a covered/uninsured vehicle

IV. THE COLLISION AND LIABILITY

A. Facts of the Collision

On [__/__/____] at approximately [TIME], our client was [DESCRIBE_CLIENT_ACTIVITY] at or near [LOCATION_OF_COLLISION] in [COUNTY] County, Tennessee.

[DETAILED_DESCRIPTION_OF_COLLISION]

B. Tortfeasor's Negligence Under Tennessee Law

The tortfeasor violated the following provisions of Tennessee's Rules of the Road (Tenn. Code Ann. Title 55, Chapter 8):

☐ Tenn. Code Ann. § 55-8-103 — Required obedience to traffic laws
☐ Tenn. Code Ann. § 55-8-124 — Following too closely
☐ Tenn. Code Ann. § 55-8-136 — Duty to maintain proper lookout
☐ Tenn. Code Ann. § 55-8-152 — Speeding / unreasonable speed for conditions
☐ Tenn. Code Ann. § 55-10-205 — Reckless driving
☐ Tenn. Code Ann. § 55-10-401 — DUI (driving under the influence)
☐ Tenn. Code Ann. § 55-8-199 — Texting while driving / handheld device
☐ Tenn. Code Ann. § 55-8-109 — Traffic control devices (ran red light / stop sign)
☐ Tenn. Code Ann. § 55-8-123 — Improper lane change

C. Modified Comparative Fault — McIntyre v. Balentine

Under Tennessee's modified comparative fault rule, adopted in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992), a plaintiff may recover so long as his or her fault is less than 50% (the "49% bar"). Our client bears [no/minimal] comparative fault in this collision. Specifically:

[DESCRIBE_WHY_NO_FAULT_OR_MINIMAL_FAULT]

Even assuming arguendo a minor apportionment of fault to our client, recovery is not barred under Tennessee law, and damages would be reduced proportionally.

D. Evidence of Liability

1. Tennessee Traffic Crash Report
[POLICE_DEPARTMENT] / Tennessee Highway Patrol Traffic Crash Report No. [REPORT_NUMBER]
Reporting Officer: [OFFICER_NAME], Badge [BADGE_NUMBER]
Citations issued to tortfeasor: [CITATIONS]

2. Witness Statements
[NUMBER] independent witnesses observed the collision. Their statements unanimously corroborate our client's account. Witness list attached.

3. Physical Evidence
Point of impact, skid mark analysis, debris field, vehicle damage profile

4. Expert Analysis (if applicable)
Accident reconstructionist [EXPERT_NAME] has concluded: [SUMMARY_OF_OPINION]

V. OUR CLIENT'S INJURIES AND TREATMENT

A. Injury Summary

As a direct and proximate result of this collision, our client sustained the following injuries, supported by imaging and treating-physician diagnoses:

Primary Injuries:

• [PRIMARY_INJURY_1]
• [PRIMARY_INJURY_2]
• [PRIMARY_INJURY_3]

B. Treatment Timeline

C. Current Condition and Prognosis

[DESCRIBE_CURRENT_CONDITION_AND_PROGNOSIS_SIGNED_BY_TREATING_PHYSICIAN]

D. Permanent Impairment Rating

Pursuant to the AMA Guides to the Evaluation of Permanent Impairment (6th Edition), our client's permanent impairment ratings are:

VI. DAMAGES UNDER TENNESSEE LAW

A. Past Medical Expenses

Note: Tennessee follows the collateral source rule for personal-injury recovery, but allows admissibility of reasonable-and-necessary expenses. Billed charges are presented below with the understanding that they are subject to Tennessee's medical expense reduction statutes and case law.

B. Future Medical Expenses (Present Value)

Based on the life care plan prepared by [LIFE_CARE_PLANNER]:

C. Lost Wages and Loss of Earning Capacity

Our client's vocational expert, [VOCATIONAL_EXPERT], has opined that the injuries will [describe impact on earning capacity].

D. Pain, Suffering, and Non-Economic Damages

Tennessee permits recovery for physical pain and suffering, mental anguish, loss of enjoyment of life, and disfigurement. Note that Tennessee's noneconomic damages cap under Tenn. Code Ann. § 29-39-102 ($750,000; $1,000,000 for catastrophic loss or injury) was upheld as constitutional by the Tennessee Supreme Court in McClay v. Airport Management Services, LLC, 596 S.W.3d 686 (Tenn. 2020) (cap does not violate the right to trial by jury, separation of powers, or equal protection). In Yebuah v. Center for Urological Treatment, PLC, No. M2018-01652-SC-R11-CV (Tenn. June 2, 2021), the Court held the cap applies to all plaintiffs in the aggregate (including a spouse's loss-of-consortium claim), not separately to each. Evaluate the current cap in light of case law at the time of suit.

[DESCRIBE_PAIN_AND_SUFFERING_DETAILED]

E. Loss of Consortium (if applicable)

Tennessee recognizes a spouse's claim for loss of consortium as a separate cause of action. See Jackson v. Miller, 776 S.W.2d 115 (Tenn. Ct. App. 1989).

F. Total Damages Summary

VII. UIM GAP CALCULATION

Tennessee is a "difference" state for UIM benefits, meaning the UIM carrier pays the difference between the tortfeasor's available limits and the insured's total damages, up to the UIM limits.

Our client's damages of $[TOTAL_DAMAGES] vastly exceed the combined available coverage (tortfeasor's $[TORTFEASOR_LIMITS] + UIM of $[UIM_LIMITS] = $[TOTAL_COVERAGE]). This is a clear policy limits case.

VIII. THE INSURER'S GOOD-FAITH DUTY AND EXTRA-CONTRACTUAL EXPOSURE

A. The § 56-7-105 Statutory Penalty Does NOT Apply to UM/UIM Claims

The Tennessee statutory bad-faith penalty, Tenn. Code Ann. § 56-7-105 (up to 25% plus attorney's fees after a 60-day demand), does not apply to automobile insurance policies, including a first-party UM/UIM claim. The Court of Appeals so held on facts materially identical to this claim in Giles v. GEICO Gen. Ins. Co., No. M2021-00165-COA-R3-CV (Tenn. Ct. App. Oct. 28, 2021), reaffirming Tenn. Farmers Mut. Ins. Co. v. Cherry, 213 Tenn. 391, 374 S.W.2d 371 (Tenn. 1964) (the § 56-7-105 penalty reaches life, fire, and accident policies, not automobile liability policies). Tennessee likewise does not recognize a separate common-law tort of insurance bad faith. Accordingly, this demand does not rely on the § 56-7-105 penalty or a statutory 60-day mechanism; the Company's exposure arises from its contractual and good-faith obligations, described below.

B. The Insurer's Duty of Good Faith in Handling a First-Party UM/UIM Claim

Tennessee recognizes that an insurer is "under the duty of dealing with its insured 'fairly and in good faith' in settling a claim by its insured under the uninsured motorist provision of an automobile liability insurance contract," and "[t]hat same duty is owed... with respect to 'underinsured motorist' insurance." MFA Mut. Ins. Co. v. Flint, 574 S.W.2d 718, 721 (Tenn. 1978); Rutherford v. Tenn. Farmers Mut. Ins. Co., 608 S.W.2d 843, 846 (Tenn. 1980). An insurer that unreasonably withholds consent to a policy-limits settlement or otherwise handles the claim in bad faith may be held to have waived its policy conditions (e.g., a consent-to-settle clause). Gaston v. Tenn. Farmers Mut. Ins. Co., 120 S.W.3d 815 (Tenn. 2003).

C. Breach of Contract, Prejudgment Interest, and Common-Law Punitive Damages

If the Company refuses to pay UM/UIM benefits our client is owed, our remedy is an action for breach of the insurance contract to recover the full benefits, together with prejudgment interest in the court's discretion under Tenn. Code Ann. § 47-14-123. The statutory penalty is not the exclusive extracontractual remedy: "nothing in... the bad faith statute... limits an insured's remedies to those provided therein." Myint v. Allstate Ins. Co., 970 S.W.2d 920 (Tenn. 1998); see Lindenberg v. Jackson Nat'l Life Ins. Co., 912 F.3d 348 (6th Cir. 2018). Where an insurer's refusal to pay is intentional, fraudulent, malicious, or reckless — proven by clear and convincing evidence — Tennessee permits an award of common-law punitive damages predicated on the breach of contract. Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (Tenn. 1992).

D. Punitive Damages Under Tenn. Code Ann. § 29-39-104

Tennessee's punitive damages cap under Tenn. Code Ann. § 29-39-104(a)(5) limits punitive awards to the greater of two (2) times compensatory damages or $500,000. Punitive damages require clear and convincing evidence of intentional, fraudulent, malicious, or reckless conduct. Tenn. Code Ann. § 29-39-104(a)(1). By statute the cap does not apply where the defendant had a specific intent to inflict serious physical injury, intentionally falsified/destroyed/concealed records to evade liability, or was under the influence of alcohol, drugs, or another intoxicant that substantially impaired judgment and caused the injury or death. Tenn. Code Ann. § 29-39-104(a)(7)(A)–(C). Note the constitutional split: in Lindenberg v. Jackson National Life Insurance Co., 912 F.3d 348 (6th Cir. 2018), the Sixth Circuit held the § 29-39-104 cap unconstitutional under the Tennessee Constitution's jury-trial guarantee and refused to apply it in a federal diversity case; the Tennessee Supreme Court declined to answer the certified question, and Tennessee state courts continue to enforce the cap — so its application turns on forum.

E. TCPA Does Not Apply to Insurance

We acknowledge that the Tennessee Consumer Protection Act (Tenn. Code Ann. § 47-18-101, et seq.) does not apply to insurance claims following the 2011 legislative amendments codified at Tenn. Code Ann. § 56-8-113, which made Title 56 the sole and exclusive statutory remedy for alleged unfair or deceptive acts in connection with a contract of insurance. See also Myint v. Allstate Ins. Co., 970 S.W.2d 920 (Tenn. 1998) (addressing earlier scope of TCPA). Accordingly, we will pursue remedies under the insurance contract and Tennessee common law (including common-law punitive damages), together with a regulatory complaint to the Department of Commerce and Insurance.

IX. ARBITRATION CONSIDERATIONS

A. Policy Arbitration Provision

The policy [contains / does not contain] an arbitration clause governing UM/UIM disputes. Note, however, that Tenn. Code Ann. § 56-7-1206(c) provides that the UM provision "shall not require arbitration of any claim"; a policy clause purporting to compel arbitration of a UM/UIM claim is therefore generally unenforceable against the insured, except through the consent-and-arbitration procedure of Tenn. Code Ann. § 56-7-1206(f)–(k). Where arbitration is properly invoked, it is conducted under the Tennessee Uniform Arbitration Act, Tenn. Code Ann. § 29-5-301 et seq. (see § 56-7-1206(h)).

☐ If the policy contains a binding arbitration clause: This letter serves as notice of intent to invoke the arbitration procedure.
☐ If no binding arbitration: We will proceed by filing suit in [COUNTY] County Circuit Court upon expiration of the response deadline stated in this letter.

B. Demand for Arbitration (if applicable)

Pursuant to [Policy Provision], our client hereby demands arbitration of the UM/UIM claim. Our client appoints [ARBITRATOR_NAME] as arbitrator. Please appoint your arbitrator within [NUMBER] days.

X. RESPONSE DEADLINE AND CONSEQUENCES

This demand expires at 5:00 p.m. Central Time on [__/__/____] — [NUMBER] days from receipt.

Consequences of Non-Payment

If [CARRIER_SHORT_NAME] fails to tender the policy limits by the response deadline:

1. Suit will be filed in the Circuit Court for [COUNTY] County, Tennessee, seeking:
   - All policy benefits (breach of the insurance contract)
   - Consequential damages
   - Common-law punitive damages under the Hodges standard where the refusal is intentional, fraudulent, malicious, or reckless
   - Prejudgment interest in the court's discretion under Tenn. Code Ann. § 47-14-123

2. Regulatory complaint filed with:
   - Tennessee Department of Commerce and Insurance
   Consumer Insurance Services
   500 James Robertson Parkway, Nashville, TN 37243
   Phone: (615) 741-2218 or (800) 342-4029
   [email protected]
   Insurance Commissioner: [Current Commissioner]

3. Arbitration demand invoked (if applicable under the policy)

4. The Company's refusal will be cited as evidence of bad faith at trial, in support of our client's breach-of-contract claim and any claim for common-law punitive damages under the Hodges standard.

XI. DOCUMENT PRESERVATION NOTICE

This letter serves as formal notice to preserve all documents and electronically stored information (ESI) related to this claim, including but not limited to:

• The complete claim file, including all versions, drafts, and revisions
• All internal communications (emails, instant messages, voicemails) regarding this claim
• All reserves information and reserve change history
• Adjuster activity logs, diaries, and notes
• Claim handling manuals, training materials, and guidelines applicable in Tennessee
• Underwriting file and any recorded statements
• All medical record reviews, IME reports, and peer reviews
• All communications with defense counsel, SIU, or outside consultants
• Metadata for all electronic documents

Spoliation of any of the foregoing will be vigorously pursued as an independent basis for sanctions and adverse inference under Tennessee law.

XII. CONCLUSION

This claim presents clear liability under Tennessee's modified comparative fault regime, severe and permanent injuries, and damages far exceeding all available coverage. As our client's own insurer, the Company owes a duty to handle and settle this UM/UIM claim in good faith. We demand payment of the policy limits of $[UM_UIM_LIMITS] by the response deadline stated above. Anything less will be met with suit for breach of the insurance contract, a claim for common-law punitive damages where the refusal is intentional, fraudulent, malicious, or reckless (Hodges), and regulatory action before the Tennessee Department of Commerce and Insurance.

Respectfully submitted,

[LAW_FIRM_NAME]

By: _______________________________
[ATTORNEY_NAME], BPR No. [BAR_NUMBER]
[ADDRESS]
[CITY], TN [ZIP]
[PHONE]
[EMAIL]

Counsel for [CLIENT_NAME]

ENCLOSURES:

• Policy declarations page
• UM/UIM coverage form and endorsements
• Tennessee Traffic Crash Report
• Medical records and itemized bills
• Photographs of vehicles and scene
• Lost wage documentation
• Expert reports (liability and life care plan)
• Tortfeasor's policy declarations (or denial letter)
• HIPAA authorization

CC:

• [CLIENT_NAME]
• [TORTFEASOR_CARRIER] (re: consent to settle under Tenn. Code Ann. § 56-7-1206)
• [MORTGAGEE / LIENHOLDER, if applicable]

TENNESSEE UM/UIM LAW QUICK REFERENCE

SOURCES AND REFERENCES

• Tenn. Code Ann. § 56-7-105 — Statutory bad-faith penalty; held INAPPLICABLE to automobile/UM-UIM policies (Giles v. GEICO; Cherry)
• Tenn. Code Ann. § 47-14-123 — Prejudgment interest (discretionary)
• Tenn. Code Ann. § 56-7-1201 — UM/UIM coverage requirements
• Tenn. Code Ann. § 56-7-1206 — UM/UIM arbitration and consent-to-settle procedure
• Tenn. Code Ann. § 55-12-102 — Financial Responsibility Law definitions and minimum limits
• Tenn. Code Ann. § 55-12-107 — Minimum insurance policy requirements
• Tenn. Code Ann. § 56-8-104 — Unfair trade practices in insurance
• Tenn. Code Ann. § 56-8-113 — Title 56 as sole remedy; TCPA inapplicable
• Tenn. Code Ann. § 29-39-104 — Punitive damages cap
• Tenn. Code Ann. § 28-3-109 — Six-year statute of limitations for contract actions
• McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992) — Modified comparative fault
• Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (Tenn. 1992) — Punitive damages standard
• Giles v. GEICO Gen. Ins. Co., No. M2021-00165-COA-R3-CV (Tenn. Ct. App. Oct. 28, 2021) — § 56-7-105 does not apply to auto/UM-UIM policies
• Tenn. Farmers Mut. Ins. Co. v. Cherry, 213 Tenn. 391, 374 S.W.2d 371 (Tenn. 1964) — scope of § 56-7-105 (life/fire/accident, not auto)
• MFA Mut. Ins. Co. v. Flint, 574 S.W.2d 718 (Tenn. 1978); Rutherford v. Tenn. Farmers Mut. Ins. Co., 608 S.W.2d 843 (Tenn. 1980) — insurer's good-faith duty in UM/UIM
• Gaston v. Tenn. Farmers Mut. Ins. Co., 120 S.W.3d 815 (Tenn. 2003) — waiver of consent-to-settle for bad-faith handling
• Poper ex rel. Poper v. Rollins, 90 S.W.3d 682 (Tenn. 2002) — § 56-7-1201(d) UM offset/limit of liability
• Myint v. Allstate Ins. Co., 970 S.W.2d 920 (Tenn. 1998) — TCPA/insurance scope (superseded by statute in 2011)
• Lindenberg v. Jackson National Life Ins. Co., 912 F.3d 348 (6th Cir. 2018) — Constitutionality of TN punitive damages cap
• McClay v. Airport Management Services, LLC, 596 S.W.3d 686 (Tenn. 2020) — Noneconomic damages cap
• Tennessee Department of Commerce and Insurance: https://www.tn.gov/commerce/insurance.html