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Sims v. Stewart12/15/1999
AFFIRMED AS MODIFIED
CONCUR:
ALAN E. HIGHERS, JUDGE
HOLLY KIRBY LILLARD, JUDGE
This case, which is before us a second time, involves a dispute concerning the amount due under an uninsured/underinsured motorist insurance policy. Defendant/Appellant, Tennessee Farmers Mutual Insurance Company, appeals the order of the trial court awarding $198,046.43 in damages to the Plaintiff/Appellee, Kenneth Sims, and directing defendant to pay plaintiff the sum of $61,862.57($100,000 policy limit minus $38,137.43 previously paid in partial satisfaction of judgment.)
The circumstances leading to this appeal are set out in Sims v. Stewart, 973 S.W.2d 597 (Tenn. App.1998); therefore, a brief recitation of the facts will suffice. Kenneth Sims, while engaged in the scope of his employment as a Deputy Sheriff, was injured when he was struck by a car driven by Eddie Stewart. Sims's complaint against Stewart sought $250,000.00 in damages. Tennessee Farmers, the plaintiff's uninsured motorist carrier, was named as a defendant and served with a copy of the complaint. Tennessee Farmers's answer asserted policy limits of $100,000.00 per person and pled as a defense that it was entitled to a credit or reduction of payment for any workers compensation benefits paid to plaintiff pursuant to the provision of the Tennessee Farmers's policy with plaintiff. The workers compensation insurer for Sims's employer paid benefits totaling $61,862.57.
Stewart's liability carrier paid its coverage limit of $25,000.00 in settlement. The parties stipulated, among other things, that Stewart would be released, the workers compensation carrier would accept in full settlement of its subrogation claim the $25,000.00 paid by Stewart's carrier, and that Tennessee Farmers would pay its limits of uninsured motorist coverage less proper credit for the workers compensation payment.
The issue for review in the first appeal was whether Tennessee Farmers should have a credit for the total amount of the workers compensation benefits paid, or whether its credit should be the amount of the workers compensation payments made, less the $25,000.00 received by the workers compensation carrier. This Court concluded that Tennessee Farmers was entitled to receive credit for the entire amount paid by the workers compensation carrier, but that under the terms of the policy, the workers compensation benefits reduced the amount of damages payable to the insured under the underinsured motorist coverage. Since the trial court did not consider or make any finding as to the damages, this Court remanded the case to the trial court in order to determine damages and, thus, reach a decision regarding the amount due the insured under the underinsured motorist coverage.
Upon remand, the trial court, after an evidentiary hearing, found plaintiff's damages to be $198,046.43. The Court further found that the amount of workers compensation benefits paid to or on behalf of the plaintiff was $61,862.57. The Court then subtracted $61,862.57 from the total damage award of $198,046.43 and found that the resulting amount exceeded Tennessee Farmers's policy limits of $100,000.00. Therefore, the Court found that Tennessee Farmers would be responsible for paying a total judgment equal to its limits of $100,000.00.
Tennessee Farmers appeals the trial courts ruling and in its brief asks this Court to consider three issues: (1) whether the trial court erred in its application of Tennessee law regarding the workers compensation offset provision contained in the Tennessee Farmers's policy (2) whether the trial court erred in failing to properly apply stipulations entered into prior to this tr
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