Tennessee Code Annotated
Tenn. Code Ann. § 56-7-1101 (2026)
Priority and applicability of coverages
✓ current as of May 2026
- (a)
- (1) In all cases arising out of the use of a motor vehicle on which the owner of the motor vehicle has any insurance coverages, the owner's policy is primary if the vehicle is being operated with the permission of the owner and within the scope of the permission granted.
- (2) Any other coverages that may be available to the permittee are not applicable unless and until the limits of all coverages provided by the owner's policy first are exhausted.
- (b) Any provision of subdivision (a)(1) or (a)(2) to the contrary notwithstanding, where the only insurance coverage provided by the owner of the vehicle is under a garage policy, then any coverage that may be available to the permittee shall be primary and the coverage under the owner's garage policy shall not be applicable unless and until the limits of all coverage available to the permittee shall be first exhausted; provided, that when any non-owned vehicle is in the possession, custody or control of a person who is in the business of storing, parking, servicing or repairing vehicles, then any insurance available to the owner shall not be applicable unless and until all insurance that is available under a garage policy of the person in possession has been exhausted.
- (c) When a claim arises out of the operation of a motor vehicle that is leased under a written lease agreement, and pursuant to which agreement the lessee provides coverage for the vehicle, then any other coverage that may be available for the vehicle through the lessor is not applicable unless and until the limits of all coverage provided by the lessee for the vehicle first are exhausted.
- (d) Subsections (a) and (c) are effective as to all policies written after May 7, 1973, and to all renewals of existing policies made after May 7, 1973. Subsection (b) is effective as to all policies written after April 5, 1974, and to all renewals of existing policies made after April 5, 1974.
Acts 1973, ch. 209, §§ 1-3; 1974, ch. 779, §§ 1, 2; 1976, ch. 652, §§ 1, 2; T.C.A., § 56-1164.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1984–2022 · leading case: Tennessee Farmers Mut. Ins. v. Moore, 958 S.W.2d 759 (Tenn. Ct. App. 1997).
Tennessee Farmers Mut. Ins. v. Moore, 958 S.W.2d 759 (Tenn. Ct. App. 1997). “Tennessee Farmers cites Tennessee Code Annotated § 56-7-1101(a)(1), which provides: In all cases arising out of the use of a motor vehicle on which the owner of the motor vehicle has any insurance coverages, the owner’s policy is primary if the vehicle is being operated with the…”
Home Ins. Co. v. Glens Falls Ins. Co., 675 S.W.2d 486 (Tenn. Ct. App. 1984). “Glens Falls argues that since Alley-Cas-setty chose to insure itself through the endorsement to Home’s policy as an owner, there are two owners of the truck, G & P and Alley-Cassetty; therefore, the provisions of Tenn.Code Ann. § 56-7-1101 do not apply and, since the statute…”
Shelter Mut. Ins. Co. v. State Farm Fire & Cas. Co., 930 S.W.2d 570 (Tenn. Ct. App. 1996). “209 (currently codified at Tenn.Code Ann. § 56-7-1101 (1994)). This statute designated which insurance policy provides primary insurance ¿overage in all cases arising out of the use of motor vehicles.”
Purkey v. Am. Home Assurance Co., 173 S.W.3d 703 (Tenn. 2005). “§§ 56-7-1101 to -1305 (2000). Before turning to an analysis of the pertinent statutes, however, we review briefly the abolition of intrafamily tort immunity upon which Purkey predicates her argument.”
State Farm Mut. Auto. Ins. Co. v. S. Trust Ins. Co. (Tenn. Ct. App. 2012). “In affirming the trial court’s determination that Aetna’s umbrella policy was excess over the two auto policies, the court interpreted Tenn. Code Ann. § 56-7-1101 (a), which provides: (a)(1) In all cases arising out of the use of a motor vehicle on which the owner of the motor…”
Booker T. Holloway & wife, Brenda Holloway v. James C. Purdy & Chris Purdy (Tenn. Ct. App. 2009). “T.C.A. § 56-7-1101(b) (2008). -5- We must respectfully disagree.”
Sentry Select Ins. Co. v. Tennessee Farmer's Mut. Ins. Co. (2021). “8 The Shelter court was persuaded, in part, by the legislative history leading up to the enactment of Tenn. Code Ann. § 56-7-1101 , which concerned motor vehicle insurance.”
Landmark Am. Ins. Co. v. HECO Realty, LLC (6th Cir. 2022). “Tenn. Code Ann. § 56-7-1101 (c). So the “close factual relationship” between the lease and the insurance missing from this case is necessarily present in the automobile-insurance context.”
— Tenn. Code Ann. § 56-7-1101(a) — 1 case
Home Ins. Co. v. Glens Falls Ins. Co., 675 S.W.2d 486 (Tenn. Ct. App. 1984). “Glens Falls argues that since Alley-Cas-setty chose to insure itself through the endorsement to Home’s policy as an owner, there are two owners of the truck, G & P and Alley-Cassetty; therefore, the provisions of Tenn.Code Ann. § 56-7-1101 do not apply and, since the statute…”
— Tenn. Code Ann. § 56-7-1101(a)(1) — 1 case
Tennessee Farmers Mut. Ins. v. Moore, 958 S.W.2d 759 (Tenn. Ct. App. 1997). “Tennessee Farmers cites Tennessee Code Annotated § 56-7-1101(a)(1), which provides: In all cases arising out of the use of a motor vehicle on which the owner of the motor vehicle has any insurance coverages, the owner’s policy is primary if the vehicle is being operated with the…”
— Tenn. Code Ann. § 56-7-1101(a)(l) — 1 case
Tennessee Farmers Mut. Ins. v. Moore, 958 S.W.2d 759 (Tenn. Ct. App. 1997). “Tennessee Farmers cites Tennessee Code Annotated § 56-7-1101(a)(1), which provides: In all cases arising out of the use of a motor vehicle on which the owner of the motor vehicle has any insurance coverages, the owner’s policy is primary if the vehicle is being operated with the…”
— Tenn. Code Ann. § 56-7-1101(b) — 2 cases
Tennessee Farmers Mut. Ins. v. Moore, 958 S.W.2d 759 (Tenn. Ct. App. 1997). “Tennessee Farmers cites Tennessee Code Annotated § 56-7-1101(a)(1), which provides: In all cases arising out of the use of a motor vehicle on which the owner of the motor vehicle has any insurance coverages, the owner’s policy is primary if the vehicle is being operated with the…”
Booker T. Holloway & wife, Brenda Holloway v. James C. Purdy & Chris Purdy (Tenn. Ct. App. 2009). “T.C.A. § 56-7-1101(b) (2008). -5- We must respectfully disagree.”
— Tenn. Code Ann. § 56-7-1101(c) — 1 case
Home Ins. Co. v. Glens Falls Ins. Co., 675 S.W.2d 486 (Tenn. Ct. App. 1984). “Glens Falls argues that since Alley-Cas-setty chose to insure itself through the endorsement to Home’s policy as an owner, there are two owners of the truck, G & P and Alley-Cassetty; therefore, the provisions of Tenn.Code Ann. § 56-7-1101 do not apply and, since the statute…”
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