Tennessee Code Annotated
Tenn. Code Ann. § 56-7-1204 (2026)
Payment by insurer - Subrogation
✓ current as of May 2026
- (a) In the event of payment to any person under the coverage required by this part, and subject to the terms and conditions of the coverage, the insurer making payment shall, to the extent of the coverage, be subrogated to all of the rights of the person to whom payment has been made, and shall be entitled to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of the person against any person or organization legally responsible for the bodily injury or property damage for which payment is made, including the proceeds recoverable from the assets of an insolvent insurer.
- (b) Payment by an insurer under the coverage required by this part shall not constitute a satisfaction of the liability of the party or parties responsible for the bodily injury or property damage under the financial responsibility laws of this state.
Acts 1967, ch. 371, § 4; T.C.A., § 56-1151; Acts 1982, ch. 835, § 3.
Notes of Decisions
Cited in 15
cases (3 in the last 5 years), 1989–2026 · leading case: Poper Ex Rel. Poper v. Rollins, 90 S.W.3d 682 (Tenn. 2002).
Poper Ex Rel. Poper v. Rollins, 90 S.W.3d 682 (Tenn. 2002). “2000), in which we held that the principles of comparative fault limit an insurance company's subrogation rights under Tenn.Code Ann. § 56-7-1204(a) to "the injuries for which the insurer has made payment.”
Sherer v. Linginfelter, 29 S.W.3d 451 (Tenn. 2000). “We granted this appeal to determine whether an insurer’s right of subrogation under Tenn.Code Ann. § 56-7-1204 extends to damages for enhanced injuries received by the insured as the result of another tortfeasor’s actions.”
Diana L. Powell v. Penny D. Clark, 487 S.W.3d 528 (Tenn. Ct. App. 2015). “” Tenn.Code Ann. § 56-7-1204,- cmt. 1; Sherer, 29 S.”
Green v. Johnson, 249 S.W.3d 313 (Tenn. 2008). “First, Sherer dealt with an insurer’s subrogation rights pursuant to Tennessee Code Annotated section 56-7-1204. 12 Id. The instant case does not involve subrogation; therefore, section 1204 is not applicable.”
Aetna Cas. & Sur. Co. v. Tennessee Farmers Mut. Ins. Co., 867 S.W.2d 321 (Tenn. Ct. App. 1993). “— (a) In the event of payment to any person under the coverage required by this part, [uninsured motorist coverage] and subject to the terms and conditions of such coverage, the insurer making such payments shall, to the extent thereof, be subrogated to all of the rights of the…”
Kral v. Am. Hardware Mut. Ins. Co., 784 P.2d 759 (Colo. 1989). “title 40, § 2000(d) (1971); Tenn.Code Ann. § 56-7-1204 (1989); Tex.Ins.”
Hudson v. Hudson Mun. Contractors, Inc., 898 S.W.2d 187 (Tenn. 1995). “See Tenn.Code Ann. § 56-7-1204. In addition, because the appellant has no right to recover the damages represented by the offset provision of the policy, Maryland Casualty has no claim against the proceeds of the settlement.”
In re Reeves, 521 B.R. 827 (Bankr. E.D. Tenn. 2014). “See Tenn.Code Ann. § 56-7-1204(a). However, these attributes of uninsured motorist coverage do not necessarily preclude the Debtors’ exemption claim under TenmCode Ann.”
Jones v. Johnson, 244 S.W.3d 338 (Tenn. Ct. App. 2007). “See T.C.A. § 56-7-1204 (2000); *344 see also Aetna Cas.”
Robert L. McCullough, Jr. v. Carla Vaughn, 538 S.W.3d 501 (Wash. Ct. App. 2017). “4 Tenn. Code Ann. § 56-7-1204 establishes the uninsured motorist insurance carrier’s right of subrogation.”
Christopher McCoy v. Katelyn Conway (Tenn. Ct. App. 2022). “For example, Tennessee Code Annotated section 56-7-1204(a) provides for subrogation of “the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of the person against any person or organization legally responsible for the bodily injury or…”
Int'l Paper Co. v. Beazley Ins. Co. (W.D. Tenn. 2024). “To require Tennessee Farmers to pay after a release has been given and the right of subrogation extinguished is neither justifiable in equity nor warrantable under the clear intent expressed by statute (T.C.A. § 56-7-1204) or the terms of the policy.”
— Tenn. Code Ann. § 56-7-1204(a) — 4 cases
Poper Ex Rel. Poper v. Rollins, 90 S.W.3d 682 (Tenn. 2002). “2000), in which we held that the principles of comparative fault limit an insurance company's subrogation rights under Tenn.Code Ann. § 56-7-1204(a) to "the injuries for which the insurer has made payment.”
Sherer v. Linginfelter, 29 S.W.3d 451 (Tenn. 2000). “We granted this appeal to determine whether an insurer’s right of subrogation under Tenn.Code Ann. § 56-7-1204 extends to damages for enhanced injuries received by the insured as the result of another tortfeasor’s actions.”
In re Reeves, 521 B.R. 827 (Bankr. E.D. Tenn. 2014). “See Tenn.Code Ann. § 56-7-1204(a). However, these attributes of uninsured motorist coverage do not necessarily preclude the Debtors’ exemption claim under TenmCode Ann.”
Christopher McCoy v. Katelyn Conway (Tenn. Ct. App. 2022). “For example, Tennessee Code Annotated section 56-7-1204(a) provides for subrogation of “the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of the person against any person or organization legally responsible for the bodily injury or…”
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