Amends TCA Title 20, Chapter 1, Part 1 and Title 56, Chapter 7, Part 12.

Present law generally provides that in civil actions where comparative fault is or becomes an issue, if a defendant named in an original complaint initiating a suit filed within the applicable statute of limitations, or named in an amended complaint filed within the applicable statute of limitations, alleges in an answer that a person not a party to the suit caused or contributed to the injury or damage for which the plaintiff seeks recovery, and if the plaintiff's cause of action against that person would be barred by an applicable statute of limitations, then the plaintiff may, within 90 days of the filing of the first answer or amended answer alleging that person's fault:<br /> <br /> (1) Amend the complaint to add the person as a defendant and cause process to be issued for that person; or<br /> <br /> (2) Institute a separate action against that person by filing a summons and complaint. If the plaintiff elects to file a separate action, then the complaint is not considered an original complaint initiating the suit or an amended complaint.<br /> <br /> Present law provides that a cause of action brought within the 90-day period described above is not barred by any statute of limitations. However, this provision does not extend any applicable statute of repose, nor permit the plaintiff to maintain an action against a person when such an action is barred by an applicable statute of repose.<br /> <br /> This bill clarifies that "defendant," as used above, includes an insurance company that issued an uninsured motor vehicle coverage policy and was served with process.<br /> <br /> ON MARCH 13, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 187, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to do the following:<br /> <br /> (1) Add to present law provisions governing comparative fault, that in a civil action filed against an owner and operator of an uninsured motor vehicle, where comparative fault is or becomes an issue, if an insurance company, served with an original complaint initiating a suit filed within the applicable statute of limitations, or served with an amended complaint filed within the applicable statute of limitations, alleges in an answer or amended answer to the original or amended complaint that a person not a party to the suit caused or contributed to the injury or damage for which the plaintiff seeks recovery, and if the plaintiff's cause or causes of action against that person would be barred by any applicable statute of limitations but for the operation of this amendment, then the plaintiff is authorized, within 90 days of the filing of the first answer or first amended answer alleging that person's fault, to either:<br /> <br /> (A) Amend the complaint to add the person as a defendant and cause process to be issued for that person; or<br /> <br /> (B) Institute a separate action against that person by filing a summons and complaint. This amendment further provides that if the plaintiff elects to proceed by filing a separate action, then the complaint must not be considered an original complaint initiating the suit or an amended complaint; and<br /> <br /> (2) Change the effective date of this bill to July 1, 2023.<br />