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eBook details

• Title: Roger Kee v. Shelter Insurance D/B/a
• Author : at Jackson Supreme Court of Tennessee
• Release Date : January 05, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

This appeal raises the issue of whether applying the recently amended Savings Statute, Tenn. Code Ann. § 28-1-105(b)(Supp.
1992) 1, to an insurance contract existing before the statute's amendment violates the prohibition in Article I, Section
20 of the Tennessee Constitution against passing "retrospective law, or law impairing the obligation of contracts." Prior
to the amendment, Tennessee courts had interpreted the Savings Statute as not extending the contractual time limitation within
which to bring suit for a loss. The policyholder argues on appeal that since the Savings Statute affects only the remedy and
not the right, it may be retroactively applied without violating the Tennessee Constitution. We conclude the retroactive application
of the Savings Statute affects a contract right and, therefore, unconstitutionally impairs the obligation of the existing
contract of insurance. Accordingly, we affirm the Court of Appeals. FACTUAL BACKGROUND

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