§18.2 Actions Against the State of Tennessee
The Case: Northland Ins. Co. v. State , 33 S.W.3d 727 (Tenn. 2000).
The Basic Facts: Northland's insured negligently caused the death of one man and injuries to two others. Northland made payments to the family of the decedent and to the two injured persons and then sought indemnity and contribution from the State of Tennessee, alleging that its negligence caused or contributed to cause the death and injuries.
The Bottom Line:
FN1 To avoid confusion, we note that the contribution and indemnity claims at issue in this case were initiated prior to our decision in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). However, because of our resolution o f the jurisdictional issue presented here, it is unnecessary for us to determine how comparative fault principles affect the availability of contribution and indemnity in this case."
Id . at 730-31.