When an ATV accident plaintiff executed a release of her claim against the personal representative of the estate and filed that release in probate court, that release “served to release [her uninsured motorist insurance carrier] from any liability arising from [plaintiff’s] personal injury claim stemming from the ATV accident.”
In Johanssen v. Sharber, No. M2017-00639-COA-R3-CV (Tenn. Ct. App. Feb. 12, 2018), plaintiff was injured in an ATV accident. The driver of the ATV died, and plaintiff filed a tort claim in circuit court against the personal representative of the driver’s estate. Plaintiff’s uninsured motorist carrier, GEICO, was also served and joined as a party. Plaintiff also filed a claim against the estate in probate court “for medical bills and personal injury.”
While the circuit court case was pending, plaintiff “executed a release of claim in the Probate Court without GEICO’s consent.” The release stated:
The undersigned, [plaintiff], acknowledges full and complete satisfaction of the claim filed against the Estate and releases the Personal Representative from any further liability on the claim of $150,000.00 that the undersigned filed against the Estate.