Kiser v. Wolfe
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Plaintiff was injured while driving his employer's tow truck. Plaintiff filed suit against the driver of the other car involved in the accident, and later sought to invoke his employer's uninsured motorist policy in an amount equal to the liability coverage for bodily injury. The employer's insurer filed a motion for partial summary judgment, seeking to limit uninsured motorist coverage to the amount listed in the policy rather than the amount fixed by statute. The trial court denied the motion. The court of appeals reversed, directing that the insurer's motion for partial summary judgment be granted. The Supreme Court affirmed, holding that when the insured signs an application indicating the selection of uninsured motorist coverage lower than the liability limits but neglects to initial a provision designed to confirm the selection of coverage less than the standard provided by statute, the requirement under Tenn. Code Ann. 56-7-1201(a)(2) that the selection be in writing has been satisfied.
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