TAMMY GIPSON v. STATE FARM FIRE AND CASUALTY COMPANY, ET AL. - Articles

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Posted by: Brittany Sims on Nov 4, 2014

Court: TN Court of Appeals

Attorneys 1:

James M. Simpson, Kirk Caraway, and John R. Hensley, II, Memphis, Tennessee, for the appellant, Tammy Gipson.

Attorneys 2:

Russell E. Reviere, A. Blake Neill, and W. Christopher Frulla, Jackson, Tennessee, for the appellee, State Farm Fire and Casualty Company.

Judge(s): ARMSTRONG

Following Appellant’s involvement in an automobile accident and the subsequent denial of coverage by her insurance company (the Appellee herein), Appellant brought the instant action against Appellee, alleging breach of contract, bad faith refusal to pay, violation of the Tennessee Consumer Protection Act, and intentional misconduct. The trial court granted summary judgment in favor of the Appellee. Appellant appeals. We conclude that there is a dispute of material fact as to the ownership of the subject vehicle; this dispute of material fact precludes summary judgment. Accordingly, we reverse the trial court’s order and remand for a hearing on the merits. Reversed and Remanded.

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