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| Geraldo vs. Vanderbilt University
01A01-9610-CH-00467
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 11/19/97 | |
| Frazier vs. George
01A01-9703-CV-00110
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 11/19/97 | |
| In re: Jeffrey Morgan
02A01-9608-CH-00206
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 11/19/97 | |
| Bellsouth Telecommunications vs. TN. Regulatory Authority
01A01-9601-BC-00008
|
Court of Appeals | 11/19/97 | ||
| Walter Biddle vs. Norfolk Southern Corp. et al
02A01-9605-CV-00122
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 11/19/97 | |
| Young vs. Young
01A01-9610-CH-00473
|
Court of Appeals | 11/19/97 | ||
| Easterly vs. Harmon
01A01-9609-CH-00446
Originating Judge:Jeffrey F. Stewart |
Sequatchie County | Court of Appeals | 11/19/97 | |
| Burnett vs. Hamby
01A01-9610-CH-00452
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 11/19/97 | |
| Zanetis vs. McMackin
01A01-9705-CV-00203
Originating Judge:Hamilton V. Gayden, Jr. |
Court of Appeals | 11/19/97 | ||
| Mitchell vs. Reno
01A01-9605-CV-00226
Originating Judge:Robert E. Corlew, III |
Cannon County | Court of Appeals | 11/19/97 | |
| Ames vs. Phillips Builders
01A01-9701-CV-00043
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 11/19/97 | |
| Pratt vs. Smart
03A01-9701-CV-00024
|
Knox County | Court of Appeals | 11/18/97 | |
| 03A01-9704-CH-00133
03A01-9704-CH-00133
|
Greene County | Court of Appeals | 11/18/97 | |
| Charles Fossett vs. State of TN
02A01-9703-BC-00061
|
Court of Appeals | 11/18/97 | ||
| Charter Oak Fire Ins. Co. v. Lexington Ins. Co.
M2002-01752-COA-R3-CV
On November 16, 1997, a fire destroyed a Chili's Restaurant ("Chili's") in Nashville, Tennessee. At the time of the fire, the premises were owned and operated by RMR Investments and Gower Center, Ltd. ("RMR/Gower") and leased to Chili's. Under a 20-year lease agreement, Chili's agreed to insure the improvements against loss or damage by fire and other casualties and to insure against property damage and public liability arising out of occurrences on the premises. RMR/Gower was to be named as a loss payee or additional insured under the insurance policies obtained by Chili's. According to the lease, in the event the premises and/or the improvements were destroyed by fire or other casualty, Chili's had the option to terminate the lease, and all insurance proceeds were to be paid to RMR/Gower, except for the portion payable to Chili's for loss of personal property. Pursuant to the lease agreement, Chili's obtained insurance coverage through Lexington Insurance Company ("Lexington"). The certificate of insurance dated December 5, 1997 listed RMR/Gower as certificate holder and named RMR/Gower as additional insured. After the fire, Chili's elected to terminate the lease agreement due to the condition of the premises. Lexington paid the proceeds for the loss of the building to RMR/Gower, less amounts paid to Chili's for loss of personal property. RMR/Gower submitted an additional claim for damages it incurred for the loss of rental income and other charges it would have otherwise collected from Chili's. This claim was denied by Lexington. RMR/Gower then submitted a claim to its insurer Charter Oak Fire Insurance Company ("Charter Oak") for the loss of rental income, which Charter Oak paid. After Lexington refused to reimburse Charter Oak for the amounts it paid RMR/Gower for the loss of rental income, Charter Oak filed suit against Lexington for breach of contract under the theory of third party beneficiary. Parties filed cross motions for summary judgment. On June 26, 2002, the trial court granted Lexington's summary judgment motion and denied Charter Oak's motion. Notice of this appeal soon followed. For the reasons set forth below, the order of the trial court is reversed in part and affirmed in part.
Authoring Judge: Judge Don R. Ash
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/16/97 | |
| American Color vs. Innovo
01A01-9703-CH-00120
Originating Judge:Alex W. Darnell |
Robertson County | Court of Appeals | 11/14/97 | |
| Walter Wills vs. Ray Gill
02A01-9607-CH-00150
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 11/14/97 | |
| Nelson vs. The Application Group
01A01-9703-CV-00137
|
Court of Appeals | 11/14/97 | ||
| Holloway vs. Collier, Jr.
01A01-9704-CV-00153
Originating Judge:William B. Cain |
Maury County | Court of Appeals | 11/14/97 | |
| O.W. Winsett v. Paul Orr and Mary Orr
02A01-9605-CH-00100
This case involves the alleged breach of an oral contract for the construction of a home. The trial court granted the builder summary judgment. Because some genuine issues of material fact exist, we affirm in part, reverse in part, and remand.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Floyd Peete, Jr. |
Shelby County | Court of Appeals | 11/14/97 | |
| American Color vs. Innovo
01A01-9703-CH-00120
Originating Judge:William C. Koch |
Court of Appeals | 11/14/97 | ||
| Thomas v. White
01A01-9610-CH-00479
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/14/97 | |
| Harris Hughes Jr. vs. TN Seeds, et al
02A01-9611-CV-00290
Originating Judge:Dick Jerman, Jr. |
Haywood County | Court of Appeals | 11/14/97 | |
| Nelson vs. The Application Group
01A01-9703-CV-00137
Originating Judge:Walter C. Kurtz |
Court of Appeals | 11/14/97 | ||
| Kenneth Rudstrom, et al vs. Ronald Terry Construction
02A01-9605-PB-00098
Originating Judge:Leonard D. Pierotti |
Shelby County | Court of Appeals | 11/14/97 |