Jamie K. Durrett

Doug Kemper (Of Counsel-Louisville, KY) and Jamie Durrett (Associate-Nashville, TN) obtained a default judgment in an automobile coverage action and subsequent dismissal of a third-party bad faith complaint in the underlying tort action on the grounds of res judicata for an insurance client in the Chancery Court of Davidson County, TN. The plaintiff was sued by the owner of a loaner vehicle she totaled, and made a claim with her insurance provider to cover the damages, but her policy excluded coverage for the same. Doug and Jamie filed a declaratory judgment action regarding the coverage issues and the court ordered that no coverage – indemnity or defense – was owed to the driver. The driver never responded to the declaratory judgment action, but filed a third-party complaint against the insurance provider and alleged bad faith failure to pay and breach of contract. Doug and Jamie filed a motion to dismiss the third-party complaint on the grounds of res judicata and issue preclusion. The court granted the motion to dismiss stating that the third-party complaint was barred by the decision in the declaratory judgment action in the insurance provider’s favor, disposed of all issues presented to the court at that time and the order was not appealed. In addition, the court awarded reasonable attorneys’ fees and expenses incurred in responding to the third-party complaint.