You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Jason Rains, Crystal L. Carney, and Kathy Carney v. Edwin Scott Sussdorff,III, a/k/a/ Ed Sussdorff, Vicky R. Sussdorff, E. Scott Sussdorff and Allstate Insurance Company - Concurring

Citation: Not availableDocket: 03A01-9801-CV-00025

Court: Court of Appeals of Tennessee; August 4, 1998; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involved a petition for declaratory judgment filed by Crystal L. Hamilton and Kathy Carney against Allstate Insurance Company concerning liability coverage for injuries sustained in a one-car accident. The accident occurred when Jason Scott Rains, with permission from his friend Scott, drove a vehicle owned by Edwin Scott Sussdorff, III. The trial court dismissed the petition, finding that Rains did not have express or implied permission from Sussdorff, and therefore, was not covered under Allstate's insurance policy. The court concluded that Sussdorff had a general policy requiring explicit permission for vehicle use, which was not granted to Rains on the night of the accident. The Court of Appeals of Tennessee conducted a de novo review, affirming the trial court's decision due to the lack of evidence supporting implied permission and the recognition of the trial court's findings as presumptively correct. Ultimately, the court ruled that Rains was not an additional insured under the policy, assigning costs to the appellants. The decision highlights the importance of express permission in determining insurance coverage under Tennessee law.

Legal Issues Addressed

Implied Permission Under Tennessee Law

Application: The court found insufficient evidence of implied permission, as Tennessee law requires express discretion by the named assured, which was not demonstrated in the pattern of conduct between Rains and Sussdorff.

Reasoning: The trial court found insufficient evidence supporting the claim of implied permission under Tennessee law, which requires the named assured's express discretion to grant permission.

Insurance Coverage and Permission Under Automobile Policies

Application: The court determined that Jason Scott Rains was not an additional insured under Allstate’s policy because he lacked express or implied permission from the vehicle owner, Edwin Scott Sussdorff, III.

Reasoning: The trial court found that Rains did not have express or implied permission from Sussdorff to drive the car, ruling that he was not an additional insured under Allstate’s policy.

Presumption of Correctness in Trial Court's Factual Findings

Application: The appellate court emphasized that trial court findings are presumptively correct unless a preponderance of evidence proves otherwise, and this standard applied despite the absence of live witness testimony.

Reasoning: The appellate court's review was conducted de novo, emphasizing that the trial's findings were presumptively correct unless proven otherwise by a preponderance of evidence.

Second Permittee Doctrine in Automobile Use

Application: Rains did not qualify as a second permittee because he lacked direct permission from the vehicle owner, despite having the vehicle owner's son's permission.

Reasoning: Thus, Jason could not qualify as a second permittee since he lacked direct permission from Sussdorff.