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IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON _______________________________________________________ ) RANDALL RAY FLEMING, ) Madison County Circuit Court ) Nos. C-96-117 and C-96-122 Plaintiff/Appellee. ) ) May 15, 1998 VS. ) ) Cecil Crowson, Jr. JACQUELINE YI, ) Appellate C ourt Clerk ) Defendant. ) ) AND ) C.A. No. 02A01-9706-CV-00129 ) JACK DAVIS, JR., ) ) Plaintiff/Appellee, ) ) VS. ) ) JACQUELINE YI, ) ) Defendant. ) ______________________________________________________________________________

FILED

From the Circuit Court of Madison County at Jackson. Honorable Whit LaFon, Judge

Robert V. Redding, WALDROP & HALL, P.A., Jackson, Tennessee Attorney for Appellant Haulers Insurance Company, Inc. Floyd S. Flippin B. Chadwick Rickman ADAMS, RYAL & FLIPPIN, Humboldt, Tennessee Attorneys for Defendant Jacqueline Yi. Thomas A. Travaglini, Madison, Tennessee Attorney for Plaintiff/Appellee Randall Fleming. R. N. (Bo) Taylor, Goodlettsville, Tennessee Attorney for Plaintiff/Appellee Jack Davis, Jr. Attorney for Plaintiff/Appellee.

OPINION FILED: AFFIRMED AND REMANDED

FARMER, J. LILLARD, J.: (Concurs) TOMLIN, Sr. J.: (Concurs)

We granted the parties' joint Rule 9 T.R.A.P. application to determine the validity of a provision contained in an automobile insurance policy issued by Appellant Haulers Insurance Company. The provision at issue purported to limit the amount of uninsured/underinsured motorist coverage available to an injured insured in certain cases to "the highest limit of uninsured motorists coverage on an auto owned by the insured." Inasmuch as the named insured, Value Auto Mart, Inc., did not select lower limits of such coverage in writing as required by this state's uninsured/underinsured motorist statutes, we conclude that the provision is invalid and, thus, we affirm the trial court's order denying Haulers' motion for summary judgment on this issue.

For purposes of these summary judgment proceedings, the following facts were undisputed. In April 1995, Plaintiff/Appellee Randall Ray Fleming was involved in an automobile accident while he was driving an automobile owned by the named insured, Auto Mart. Plaintiff/Appellee Jack Davis, Jr., was a passenger in the Auto Mart automobile. The driver of the other automobile, Defendant/Appellee Jacqueline Yi, was allegedly at fault in the accident. Yi, however, was considered to be an underinsured motorist because her automobile insurance policy provided for the minimum uninsured/underinsured motorist coverages of $25,000 per person and $50,000 per accident. See T.C.A.

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