Harvey v. Birchfield

OPINION

FONES, Chief Justice.

This case arises under the uninsured motorist provision of T.C.A. § 56-1153. The issue presented is whether an insurer served with process pursuant to said code section is required to raise the defense of lack of insurance coverage in the tort action and upon failure to do so is bound by the judgment, or whether the plaintiff can only obtain judgment against the uninsured motorist in the tort action and must bring a second lawsuit against the insurer wherein the insured is permitted to litigate the issue of coverage.

We hold that the insurer must raise the defense…