No judgment or award rendered against a governmental entity may exceed the minimum amounts of insurance coverage for death, bodily injury and property damage liability specified in § 29-20-403, unless such governmental entity has secured insurance coverage in excess of such minimum requirements, in which event the judgment or award may not exceed the applicable limits provided in the insurance policy.
Acts 1973, ch. 345, § 28; 1976, ch. 656, § 1; T.C.A., § 23-3323.
Notes of Decisions
Cited in
21
cases, 1982–2006 · leading case:
Lemons v. Cloer, 206 S.W.3d 60 (Tenn. Ct. App. 2006).
Lemons v. Cloer, 206 S.W.3d 60 (Tenn. Ct. App. 2006).
· cites it 6× “See Tenn.Code Ann. § 29-20-311 (stating that awards against Tennessee governmental entities cannot exceed the amount of insurance coverage); TenmCode Ann.”
Wakefield v. Longmire, 54 S.W.3d 300 (Tenn. Ct. App. 2001).
· cites it 2× “See T.C.A. §§ 29-20-311, 29-20-403(b)(2)(A); 29-20-404(a).”
Coburn v. City of Dyersburg, 774 S.W.2d 610 (Tenn. Ct. App. 1989).
· cites it 3× “§§ 29-20-403 and 404 are read in conjunction with § 29-20-311 defendants’ liability is extended beyond the minimum limits set forth in § 29-20-403, up to and including the total amount of coverage provided by its insurance policy.”
Evans v. Perkey, 647 S.W.2d 636 (Tenn. Ct. App. 1982).
· cites it 2× “§ 29-20-307 and the limit of its liability under T.C.A. § 29-20-311 and 29-20-403 is $20,000.”
Erwin v. Rose, 980 S.W.2d 203 (Tenn. Ct. App. 1998).
· cites it 2× “§ 29-20-202, 203, 204 and 205, but the county’s liability is limited by Tenn.Code Ann. § 29-20-311: No judgment or award rendered against a governmental entity may exceed the minimum amounts of insurance coverage for death, bodily injury and property damage liability specified…”
Hutton v. City of Savannah, 968 S.W.2d 808 (Tenn. Ct. App. 1997).
· cites it 2× “See T.C.A. §§ 29-20-311, -403 (1980 & Supp. 1994).”
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