Opinion Flash

June 8, 2004
Volume 10 — Number 110

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

This Issue (IN THIS ORDER):
01 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


CINDERELLA FERRELL OSBORNE v. MOUNTAIN LIFE INSURANCE COMPANY
CORRECTED OPINION

Court:TSC

Attorneys:                          

Lewis S. Howard, Jr. and Heather R. Gunn, Knoxville, Tennessee, for the Appellant, Mountain Life Insurance Company.

Douglas T. Jenkins, Rogersville, Tennessee, for the Appellee, Cinderella Ferrell Osborne.

Judge: ANDERSON

First Paragraph:

We granted review to determine whether the defendant credit life
insurance company was estopped from relying on policy language which
excluded coverage if an insured received medical treatment for and
died from a disease within six months of the date of coverage.  The
trial court granted summary judgment to the credit life insurance
company based on the policy exclusion.  The Court of Appeals reversed,
holding that the defendant was estopped from relying on the policy
exclusion and ordering payment of the policy benefits to the
plaintiff, widow of the insured.  After reviewing the record and
applicable authority, we conclude that the trial court correctly
granted summary judgment for the defendant and that the Court of
Appeals erred in holding that the defendant was estopped from relying
on the policy exclusion.  We therefore reverse the judgment of the
Court of Appeals and reinstate the judgment of the trial court.

CORRECTED OPINION
http://www.tba.org/tba_files/TSC/osbornecf.wpd

NATIONAL INSURANCE ASSOCIATION v. KATHERINE MICHELLE SIMPSON, ET AL.

Court:TCA

Attorneys:                          

L. Gilbert Anglin and Robert O. Bragdon, Murfreesboro, Tennessee, for
the appellants, Katherine Michelle Simpson and David Franklin.

David B. Scott, Nashville, Tennessee, for the appellee, National
Insurance Association.

Judge: KOCH

First Paragraph:

This appeal involves a dispute regarding an exclusion from liability
coverage in an automobile insurance policy for family members. 
Following a collision injuring its insured's half brother, the insurer
filed suit in the Chancery Court for Rutherford County seeking a
declaratory judgment that the exclusion applied to the half brother's
claims against the insured.  Following a bench trial, the trial court
determined that the exclusion did apply to the half brother's claims. 
Both the insured and her half brother have appealed.  We affirm the
trial court's construction of the insurance policy.

http://www.tba.org/tba_files/TCA/nationains.wpd

LARRY E. PARRISH, ET AL. v. ROBERT S. MARQUIS, ET AL.

Court:TCA

Attorneys:                          

John J. Mulrooney, Memphis, Tennessee, for the Appellants, Larry E.
Parrish and Larry E. Parrish, P.C.

Deborah C. Stevens and Summer H. Stevens, Knoxville, Tennessee, for
the Appellee, Ronald C. Koksal.

Frank Q. Vettori, Knoxville, Tennessee, for the Appellee, Robert S.
Marquis.

Judge: FRANKS

First Paragraph:

In this malicious prosecution case the Appellants, Larry E. Parrish
and Larry E. Parrish, P.C., contend that the Knox County Circuit Court
erred in granting motions for summary judgment filed by the Appellees,
Robert S. Marquis and Ronald C. Koksal.  We reverse the Circuit
Court's judgment of dismissal as to Mr. Koksal and we affirm the
Circuit Court's judgment of dismissal as to Mr. Marquis on alternative
grounds.

http://www.tba.org/tba_files/TCA/parrishlarrye.wpd

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