IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE August 13, 2004 Session BOBBI JO FISHER v. TENNESSEE INSURANCE COMPANY Appeal from the Circuit Court for Knox County No. 2-613-02 Harold Wimberly, Judge

No. E2004-00189-COA-R3-CV Filed August 24, 2004

D. Michael Swiney, J., concurring.

While I concur in the majority’s decision to reverse and dismiss this case, I feel it necessary to concur separately to state my understanding that our holding in this case is limited to an insured’s claim for collision damage coverage only. I believe there may be public policy considerations that would need to be considered in a case involving liability, as opposed to collision, coverage. That question is not now before us, and I do not believe those public policy considerations are applicable in a case such as the one now before us involving an insurance claim solely for collision damage coverage. I, therefore, concur in the majority’s decision to reverse and dismiss.

______________________________ D. MICHAEL SWINEY, JUDGE