Farmers Insurance Exchange v. Mark A. Shempert

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON January 22, 2014 Session FARMERS INSURANCE EXCHANGE v. MARK A. SHEMPERT, ET AL. Direct Appeal from the Circuit Court for Shelby County No. CT-005631-11 Jerry Stokes, Judge No. W2013-01059-COA-R3-CV - Filed February 3, 2014 The trial court denied Defendant’s motion to dismiss on the basis of the doctrine of prior suit pending and entered summary judgment in favor of Plaintiff under-insured/uninsured motorist insurance carrier. We hold that the action was barred under the doctrine of prior suit pending where the subject matter of the current…