Rutherford v. Tennessee Farmers Mutual Insurance

OPINION

HARBISON, Justice.

This case involves a claim by an insured against her insurance carrier under the “underinsured motorist” provisions of her automobile insurance policy. The trial court allowed recovery, holding that the insurance carrier was not entitled to rely upon certain exclusionary provisions of the policy. The Court of Appeals reversed and dismissed, finding that the evidence preponderated against the factual conclusions of the trial judge. From our review of the record, we are unable to so conclude, and accordingly we reinstate the judgment of the trial court.

The insurance…