July 2019, U.S. District Court for the Middle District of TN

Unique Insurance Company v. Julio Cesar Aguilar Perez and Susan Fuller, No. 1:18:cv-00040.  Elizabeth obtained a declaratory judgment which stated an auto liability insurance policy’s criminal acts exclusion barred coverage for an accident caused by the named insured’s driving while intoxicated and which enforced the policy’s punitive damages exclusion.  The opinion has been described in recent editions of Tennessee Automobile Liability Insurance as “the only opinion dealing with the issue” of whether punitive damages exclusions in auto liability policies are enforceable under Tennessee law.