STANLEY A. GAGNE, v. STATE FARM FIRE AND CASUALTY COMPANY - Articles

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Posted by: Tanja Trezise on Mar 5, 2012

Court: TN Court of Appeals

Attorneys 1: Michael G. Hatmaker, Jacksboro, Tennessee, for the appellant, Stanley A. Gagne.

Attorneys 2: John J. Britton, Knoxville, Tennessee, for the appellee, State Farm Fire and Casualty Company.

Judge(s): FRANKS

Plaintiff brought suit against defendant, his insurance company, claiming a burglary loss. Defendant moved for summary judgment on the grounds the statute of limitations had run, but plaintiff argued that under contract law the statute of limitations is six years. The Trial Court enforced the one-year statute of limitations contained in plaintiff's policy of insurance and plaintiff has appealed. On appeal, we affirm the Judgment of the Trial Court which held that the one-year statute of limitations set forth in the policy was applicable to this claim.

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