ROBBIE BUTLER THOMAS v. D.W. POINTER, INDIVIDUALLY AND D/B/A POINTER INSURANCE AGENCY, INC., AND MARKET FINDERS INSURANCE CORPORATION - Articles

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Posted by: Tanja Trezise on Jun 29, 2012

Court: TN Court of Appeals

Attorneys 1:

Archie Sanders, III, Memphis, Tennessee for Plaintiff/Appellant Robbie Butler Thomas

Attorneys 2:

W. Timothy Hayes, Jr. and Kimberly Cross Shields, Memphis, Tennessee for Defendant/Appellee Market Finders Insurance Corporation

Judge(s): KIRBY

This appeal arises from the cancellation of a homeowner’s insurance policy. The plaintiff homeowner asked the defendant insurance agent to obtain a homeowner’s insurance policy for a home that was not her residence. The agent contacted the defendant intermediary insurance agency, and an insurance policy was issued. The homeowner paid the insurance premiums to the insurance agent, who failed to pay them to the intermediary insurance agency. The policy was cancelled for nonpayment. The cancellation notice was sent to the insurance agent and to the insured address, but not to the residential address of the homeowner. A fire occurred and the homeowner’s claim was not paid. The homeowner sued the intermediary insurance agency. The trial court granted summary judgment in favor of the defendant intermediary insurance agency. The homeowner appeals. We reverse in part, holding that the intermediary insurance agency did not negate the homeowner’s claim based on the apparent authority of the insurance agent.

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