FARMERS MUTUAL FIRE INSURANCE CO. v. McMILLAN


395 S.W.2d 798 (1965)

FARMERS MUTUAL FIRE INSURANCE COMPANY OF KNOX COUNTY, Plaintiff in Error, v. F.E. McMILLAN et ux., Defendant in Error.

Supreme Court of Tennessee.

October 27, 1965.


Attorney(s) appearing for the Case

Louis Hofferbert, Knoxville, for plaintiff in error, Poore, Cox, Baker & McAuley, Knoxville, of counsel.

Charles Hyatt Brown, Knoxville, for defendant in error, Gilreath & Brown, Knoxville, of counsel.


DYER, Justice.

This cause involves the construction of a fire insurance contract. The Trial Judge, without a jury, heard the cause upon stipulation of all facts and found against plaintiff in error (insurance company).

The insurance company issued a fire policy to defendants in error covering property not in an area protected by a public fire department. The closest fire department was a private fire department. On or about 4 August 1964 a fire, by lightning...

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