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METROPOLITAN PROPERTY AND CAS. v. BUCKNER

No. E2008-00989-COA-R3-CV

302 S.W.3d 288 (2009)

METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY v. Wayne BUCKNER, et al.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

April 30, 2009.

Permission to Appeal Denied by Supreme Court November 23, 2009.

Attorney(s) appearing for the Case

S. Curtis Rose, Kingsport, Tennessee, and J. Eddie Lauderback, Johnson City, Tennessee, for the appellant, Metropolitan Property and Casualty Insurance Company.

Mark E. Floyd, Knoxville, Tennessee, for the appellees, John Hamel, Rosemary Hamel, and Kimberly Bede.

Gary E. Brewer, Morristown, Tennessee, for the appellee, Denise Deneau.

No appearance by or on behalf of Wayne Buckner, Donna Buckner, William Russell Buckner and Joshua Thomas Buckner.

OPINION

CHARLES D. SUSANO, JR., J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, P.J. and D. MICHAEL SWINEY, J., joined.

Metropolitan Property and Casualty Insurance Company ("the insurance company") brought an action for declaratory judgment against Wayne Buckner ("the policyholder") and others1 seeking a determination regarding its liability and duty to defend under a homeowners' insurance policy ("the policy...

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