RONALD G. FREEZE, ET AL. v. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY - Articles

All Content


Posted by: Landry Butler on Mar 28, 2017

Court: TN Court of Appeals

Attorneys 1:

Eric J. Burch, Manchester, Tennessee, for the appellants, Ronald G. Freeze and Carla R. Freeze.

Attorneys 2:

Thomas L. Kilday, Greeneville, Tennessee, for the appellee, Tennessee Farmers Mutual Insurance Company.

Judge(s): SWINEY

Ronald G. Freeze and Carla R. Freeze (“Plaintiffs”) appeal the order of the Circuit Court for Sevier County (“the Trial Court”) granting summary judgment to Tennessee Farmers Mutual Insurance Company (“Tennessee Farmers”). The Trial Court found and held that material misrepresentations made by Plaintiffs on their application for property owner’s insurance increased the risk of loss thereby causing the insurance policy to be void pursuant to Tenn. Code Ann. § 56-7-103. We find and hold that Tennessee Farmers made a properly supported motion for summary judgment showing that Plaintiffs could not establish an essential element of their claim for insurance benefits, and that Plaintiffs failed to show that there were genuine disputed issues of material fact. We, therefore, affirm the grant of summary judgment to Tennessee Farmers.

Attachments: