Tennessee § 29-11-102 - Right of contribution among tort-feasors — Exceptions — Subrogation — Indemnity.

§ 29-11-102. Right of contribution among tort-feasors — Exceptions — Subrogation — Indemnity.

Except as otherwise provided in this chapter where two (2) or more persons are jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them; but no right of contribution shall exist where, by virtue of intrafamily immunity, immunity under the workers' compensation laws of the state of Tennessee, or like immunity, a claimant is barred from maintaining a tort action for injury or wrongful death against the party from whom contribution is sought. The right of contribution exists only in favor of a tort-feasor who has paid more than the proportionate share of the shared liability between two (2) or more tort-feasors for the same injury or wrongful death, in accordance with the procedure set out in § 29-11-104, and the tort-feasor's total recovery is limited to the amount paid by the tort-feasor in excess of this proportionate share. There is no right of contribution in favor of any tort-feasor who has intentionally caused or contributed to the injury or wrongful death. A tort-feasor who enters into a settlement with a claimant is not entitled to recover contribution from another tort-feasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable. A liability insurer, who by payment has discharged in full or in part the liability of a tort-feasor and has thereby discharged in full its obligation as insurer, may be subrogated to the tort-feasor's right of contribution to the extent of the amount it has paid in excess of the tort-feasor's proportionate share of the shared liability between two (2) or more tort-feasors for the same injury or wrongful death, in accordance with the procedure set out in § 29-11-103. This provision does not limit or impair any right of subrogation or assignment arising from any other relationship and causes of action for contribution or indemnity are fully assignable and transferable. This chapter does not impair any right of indemnity under existing law. Where one tort-feasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of tort-feasor's indemnity obligation. This chapter shall not apply to breaches of trust or of other fiduciary obligation. Acts 1968, ch. 575, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. § 23-3102; 1999, ch. 433, §§ 1, 2. Compiler's Notes. Acts 1999, ch. 433, § 4 provided that the amendments by that act govern the method by which the courts of Tennessee shall apportion contribution in all actions tried after June 17, 1999. Textbooks. Tennessee Jurisprudence, 15 Tenn. Juris., Insurance, § 150. Law Reviews. Assumption of Risk in Tennessee Subsequent to the Adoption of Comparative Fault: Perez v. McConkey (Mark W. Milam), 60 Tenn. L. Rev. 1007 (1993). Comments on the Wright-Twerski Colloquy Concerning the Joint Liability Debate (Jerry J. Phillips), 57 Tenn. L. Rev. 321 (1990). Comparative Fault—Banks v. Elks Club Pride: Preserving Fairness in Liability While Adhering to Strict Comparative Fault Principles (Anna Rudman-Santos), 41 U. Mem. L. Rev. 637 (2011). Contribution and Indemnity in Products Liability (Jerry L. Phillips), 42 Tenn. L. Rev. 85. Liability and Contribution for Indivisible Injury, 45 Tenn. L. Rev. 129. Made whole? (John A. Day), 36 No.2 Tenn. B.J. 28 (2000). Plaintiffs must bear cost of immunity (John A. Day), 36 No. 12 Tenn. B.J. 29 (2000). Pleadings, Motions and Pre-Trial Procedure, 4 Mem. St. U.L. Rev. 219. Survey of Civil Procedure in Tennessee — 1977, IV. Pretrial Procedure (John L. Sobieski, Jr.), 46 Tenn. L. Rev. 308. Survey of Civil Procedure in Tennessee — 1977, VII. Appellate Review of the Disposition (John L. Sobieski, Jr.), 46 Tenn. L. Rev. 366. Tennessee Survey of the Law — Indemnity in Tort, 7 Mem. St. U.L. Rev. 307. The Exclusiveness of an Employee's Workers' Compensation Remedy Against His Employer (Joseph H. King, Jr.), 55 Tenn. L. Rev. 405 (1988). Tort Law–Comparative Fault–Original Tortfeasor Rule in Tennessee (Dan Calvert), 78 Tenn. L. Rev. 259 (2010). Torts — Ridings v. Ralph M. Parsons Co.: The Tennessee Supreme Court Rejects Use of Employer Negligence to Reduce Liability of Defendants in Post-McIntyre On-the-Job Tort Cases, 26 U. Mem. L. Rev. 1533 (1996). Torts — Volz v. Ledes: The Tennessee Supreme Court Abolishes Joint and Several Liability in Medical Malpractice Cases Involving Multiple Tortfeasors Whose Separate Acts Cause Indivisible Injury, 26 U. Mem. L. Rev. 1555 (1996). Tort-Vicarious Liability — Covenant Not to Sue Servant or Agent as Affecting Liability of Master or Principal (Darrell L. West), 44 Tenn. L. Rev. (1) 188. Cited: Continental Ins. Co. v. Knoxville, 488 S.W.2d 50, 1972 Tenn. LEXIS 315 (Tenn. 1972); Tibbs v. Ake, 505 S.W.2d 232, 1974 Tenn. LEXIS 524 (Tenn. 1974); Manning v. Ft. Deposit Bank, 619 F. Supp. 1327, 1985 U.S. Dist. LEXIS 14962 (W.D. Tenn. 1985); Smith v. Methodist Hosps. of Memphis, 995 S.W.2d 584, 1999 Tenn. App. LEXIS 4 (Tenn. Ct. App. 1999); Bass v. Janney Montgomery Scott, Inc., 210 F.3d 577, 2000 FED App. 135P, 2000 U.S. App. LEXIS 6853 (6th Cir. Tenn. 2000); Messer Griesheim Indus. v. Cryotech of Kingsport, Inc., 45 S.W.3d 588, 2001 Tenn. App. LEXIS 26 (Tenn. Ct. App. 2001).