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PETERS v. BURGESS

No. E2010-01324-COA-R3-CV

416 S.W.3d 394 (2011)

Alan Howard PETERS et al., v. Casey BURGESS et al.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

October 24, 2011.

Application for Permission to Appeal Denied by Supreme Court March 6, 2012.

Attorney(s) appearing for the Case

W. Holt Smith , Madisonville, Tennessee, and Howard L. Upchurch , Pikeville, Tennessee, for the appellants, Alan Howard Peters and wife, Edith H. Peters.

Alaric A. Henry , Kathryn Russell and Sam Anderson , Chattanooga, Tennessee, for the appellee, Cincinnati Insurance Company.

OPINION

CHARLES D. SUSANO, JR., J., delivered the opinion of the Court, in which HERSCHEL P. FRANKS, P.J., and D. MICHAEL SWINEY, J., joined.

Alan Howard Peters was seriously injured when his vehicle collided with logs that had rolled off a truck. He and his wife filed this personal injury action and thereafter settled their claims against the defendant tortfeasors for policy limits of $1 million. In doing so, they reserved their claim against the uninsured...

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