Carr v. Ford

833 S.W.2d 68, 1992 Tenn. LEXIS 426
CourtTennessee Supreme Court
DecidedJune 8, 1992
StatusPublished
Cited by15 cases

This text of 833 S.W.2d 68 (Carr v. Ford) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carr v. Ford, 833 S.W.2d 68, 1992 Tenn. LEXIS 426 (Tenn. 1992).

Opinion

OPINION

DAUGHTREY, Justice.

This appeal requires us to interpret an amended portion of Tennessee’s Uninsured Motor Vehicle Coverage Statute. The question is whether injured motorists may recover punitive damages under uninsured motorist coverage, in the absence of an explicit agreement that such coverage will be provided under the policy. We answer this question in the negative and hold that the 1986 amendment to the statute limits requisite uninsured motorist- coverage to compensatory damages. Unless there is a specific contractual clause providing for punitive damages, insureds may not recover *69 punitive damages from their insurers under uninsured motorist coverage.

The appellants, Bekkie A. Carr and Jeffrey Carr, were covered persons within the definition of the motor vehicle insurance policy issued to them by the appellee, Cu-mis Insurance Company, at the time that the vehicle in which they were riding collided with one driven by an uninsured motorist. A judgment was rendered against the uninsured motorist in the amount of $4,989 in compensatory damages and $25,000 in punitive damages. Cumis, as the Carrs’ uninsured motorist carrier, paid them the compensatory damages but asserted in the trial court that it was not liable for punitive damages under T.C.A. § 56-7-1201(a), as amended in 1986. The trial court agreed with the insurer, ruling that the amended statute prohibited punitive damages under the Uninsured Motor Vehicle Coverage Statute. In a divided opinion, the Court of Appeals affirmed the lower court’s judgment.

On appeal from the Court of Appeal’s decision, the Carrs urge this Court to rule that the 1986 amendment, which added the word “compensatory” to two sub-sections of T.C.A. § 56-7-1201, does not automatically prohibit recovery of punitive damages under uninsured motorist coverage. The Carrs take the position that the amendment permitted insurers to exclude coverage for punitive damages, but only by including an explicit statement in the policy. This, they contend, Cumis failed to do. Cumis counters that the amendment is an absolute prohibition against awarding punitive damages under uninsured motorist coverage. A third possible construction of the amendment, not advanced by either party, is that punitive damages are ordinarily prohibited unless the policy explicitly includes a provision to cover for punitive damages.

We begin with an examination of the amended language contained within T.C.A. § 56-7-1201. Sub-section (a), with the 1986 amendment in emphasis, provides:

Every automobile liability insurance policy ... shall include uninsured motorist coverage ... for the protection of persons insured thereunder who are legally entitled to recover compensatory damages from owners or operators of uninsured motor vehicles ...

Subsection (b), also with the amendment in emphasis, reads in part:

With respect to bodily injury to an insured while occupying an automobile not owned by the injured party, the following priorities of recovery under uninsured motorists shall apply: (1) the uninsured motorist coverage on the vehicle in which the injured party was an occupant shall be the primary uninsured motorist coverage; (2) should that primary uninsured motorist coverage be exhausted due to the extent of compensatory damages, then the injured occupant may recover as excess from the insurance on the vehicle owned by the insured that provides the highest limits of uninsured motorist coverage.

Typically, statutory construction involves giving language its natural and ordinary meaning in order to accomplish the intention of the legislature. State v. Williams, 690 S.W.2d 517 (Tenn.1985). Unfortunately, in this case, the addition of the word “compensatory” to the two sub-sections does little to clarify the question presented by the parties, because the amended statute does not indicate whether punitive damages are either permissive or prohibited. In order to resolve this issue, we must turn to cases construing the statute as it existed before and after amendment, and to the legislative history leading up to the amendment. See Austin v. Memphis Publishing Co., 655 S.W.2d 146 (Tenn.1983).

The circumstances surrounding the amendment to the Uninsured Motor Vehicle Coverage Statute present a rare opportunity to observe the interaction between the judicial and legislative branches of this state’s government. Prior to amendment in 1986, this Court construed T.C.A. §§ 56-7-1201 et seq. as requiring that any automobile liability insurance policy issued in Tennessee provide uninsured motorist coverage for punitive damages, as well as compensatory damages. Mullins v. Miller, 683 S.W.2d 669, 670 (Tenn.1984). This ruling was rooted in an interpretation *70 of legislative intent, and the Court reasoned that punitive damages should be excluded from uninsured motorist coverage, if at all, only by legislative amendment. Justice Harbison, writing for a majority of this Court, invited the legislature to change the statute if requiring uninsured motorist coverage for punitive damages was not proper:

If the General Assembly desires to make this change, the result can be achieved by a very brief amendment to the statutes.

Id. at 671.

Our decision in Mullins was accompanied by a dissent authored by Justice Dro-wota and joined by Justice Fones. Id. The dissenting opinion advanced an alternative interpretation of the Uninsured Motor Vehicle Statute — one which found that “the damages required to be covered by the bill were compensatory and not punitive.” Id. at 675. Justice Drowota expressed the opinion that an award of punitive damages was essentially a windfall to the plaintiff; that it was not intended to compensate an injured party; and that the true purpose of punitive damages was to punish the willful and wanton misconduct of the wrongdoer. Hence, he reasoned, the majority rule meant that in cases involving uninsured motorists, the wrongdoer would remain unpunished, and an innocent party, the insurer, would be penalized. Justice Drowota concluded that such a result ran counter to public policy. Id.

By amending the statute in 1986, the General Assembly apparently accepted Justice Harbison’s invitation and echoed many of the concerns voiced in Justice Drowota’s dissenting opinion. In House debates over adoption of the 1986 amendment, Representative John Tanner stated that he read the Court’s decision in Mullins as a matter for the legislature to address if the Court was in error. He announced that “we happen to think it [the majority opinion] is in error.” Regular Session of the House (Feb. 5, 1986).

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Bluebook (online)
833 S.W.2d 68, 1992 Tenn. LEXIS 426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carr-v-ford-tenn-1992.