Edward Gilbert v. State of Tennessee
Syllabus
This appeal relates to a healthcare liability action. The Claims Commission denied the State's motion to dismiss based upon the claimants' failure to satisfy the requirements of Tennessee Code Annotated section 29-26-122. We reverse the trial court and remand for dismissal.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- emphasizing that proof of good faith has no relevance to the Polaroid burden-shifting rule
- “An insurer who unjustifiably refuses or fails to defend its insured, even in good faith, assumes the consequential risks of that breach of its insurance contract [including]... liability for the amount of the judgment reflecting claims covered by the policy----”
- suggesting insurer should have requested judge employ special jury questions
- suggesting insurer should have requested judge employ special jury questions
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge W. McClarty
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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