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Dad’s Failure to Insure Barred by Statute of Limitation

Tennessee case abstract after divorce.

Deborah Bistolfi Felker et al., v. Rex Stephen Felker

The husband and spouse on this Shelby County, Tennessee, case have been divorced in 2005 and executed a marital dissolution settlement.  Amongst different issues, the settlement offered that the husband should keep a life insurance coverage coverage of $150,000 naming the son as beneficiary.  He additionally agreed to different provisions regarding the insurance coverage.

By 2019, the husband had moved to a different county, and the spouse and son introduced a civil motion in Shelby County.   The husband argued that the case was barred by the 10-year statute of limitations.  The trial court docket disagreed, and ordered the husband to take out the insurance coverage coverage.  The spouse and son have been additionally awarded lawyer’s charges.  The husband then appealed to the Tennessee Courtroom of Appeals.

After addressing some procedural points, the court docket turned to the statute of limitations.  The trial court docket had held that the husband breached the marital dissolution settlement, a contract, and that the motion had been filed inside six years of the breach.

Nonetheless, the appeals court docket famous that the breach, if any, occurred in 2005, for the reason that husband had failed to supply copies of his will, as offered for within the settlement.

The spouse and son argued that the obligations beneath the contract have been persevering with, and that further breaches came about at a later date.  However the appeals court docket held that the settlement was not severable, and due to this fact the later “persevering with breach” wouldn’t resurrect the reason for motion.

Because the plaintiffs didn’t file the case till 14 years after the breach, the case was barred by the six-year contract statute of limitation.

For these causes, the Courtroom of Appeals reversed the trial court docket’s judgment and assessed the prices of enchantment in opposition to the spouse and son.  The court docket’s opinion was penned by Decide Thomas R. Frierson, II, and Judges J. Steven Stafford and Carma Dennis McGee joined.

No.W2019-01925-COA-R3-CV (Tenn. Ct. App. Aug. 9,  2021).

See authentic opinion for precise language.  Authorized citations omitted.

To study extra, see The Tennessee Divorce Process: How Divorces Work Start to Finish.

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