Court reviews dismissal of a wrongful death action in an insurance liability case.

MARY F. LAWSON v. BRAD LAWSON (Tenn. Ct. App. September 30, 2010)

Uninsured motorist carrier voluntarily tendered the limits of its liability coverage into the probate proceeding administering the decedent's estate and not in the wrongful death tort action. The trial court dismissed the carrier from this wrongful death tort action since it had tendered its limits of liability. We find the dismissal was in error since any voluntary tender of insurance proceeds for wrongful death should be made into the wrongful death tort case, and tendering the limits elsewhere is not grounds for dismissal.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2010/lawsonm_093010.pdf