Seymour v. Sierra

OPINION

BEN H. CANTRELL, P.J., M.S.,

delivered the opinion of the court,

in which D. MICHAEL SWINEY, J. and THOMAS W. BROTHERS, SP. J., joined.

The only question involved in this appeal is whether an insured may proceed directly against its uninsured motorist carrier when the tortfeasor is in fact insured but service of process is returned “not to be found.” The Circuit Court of Franklin County allowed the suit to proceed and we granted the insurance company’s motion for an interlocutory appeal under Rule 9, Tenn. RApp. P. After briefing and oral argument, we affirm the trial court.

I

The…