JOY LITTLETON, ET AL. v. TIS INSURANCE SERVICES, INC. - Articles

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Posted by: Tanja Trezise on Feb 3, 2015

Court: TN Court of Appeals

Attorneys 1:

Robert B. Littleton, Nashville, Tennessee, and Robert R. Kurtz, Knoxville, Tennessee, for the appellants, Joy Littleton, Grayling Littleton, and Will Allen Hildreth, as assignees of Merit Construction, Inc.

Attorneys 2:

Barry L. Howard, Nashville, Tennessee, for the appellee, TIS Insurance Services, Inc.

Judge(s): MCCLARTY

During a prior lawsuit, a construction company – in exchange for a covenant not to execute against the company’s assets – assigned to the entity that obtained a judgment against it the company’s insurance coverage claims. The plaintiffs in the previous action thereafter assigned those rights to the current plaintiffs to allow them to step into the shoes of the construction company and bring suit against the insurance broker. The trial court entered judgment on the pleadings in favor of the insurance broker on the ground that the current plaintiffs would not be entitled to recover any compensatory damages at trial. The plaintiffs appeal. We reverse.

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