Gabel v. Lerma

HIGHERS, Judge.

This case involves an automobile accident in which Steven S. Gabel sustained fatal injuries while riding as a passenger in an automobile owned and operated by Robert M. Lerma. A wrongful death action was brought by Laura E. Gabel, as surviving spouse of Steven S. Gabel, against Lerma. Upon motion, the tort issues were severed from the insurance issues. This appeal concerns the issue of whose uninsured motorist insurance policy qualifies as the excess coverage under T.C.A. § 56-7-1201.

Robert Lerma carried automobile liability coverage with the Permanent General Assurance…