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CALVERT FIRE INS. CO. v. AMERICAN NAT. BANK & TRUST CO.

438 S.W.2d 545 (1969)

CALVERT FIRE INSURANCE COMPANY v. AMERICAN NATIONAL BANK AND TRUST COMPANY et al.

Supreme Court of Tennessee.

February 28, 1969.

Attorney(s) appearing for the Case

Samuel R. Anderson, Chattanooga, for appellants; Cunningham, Crutchfield & Luther, Chattanooga, of counsel.

Richard B. Gossett, Chattanooga, for appellee; Bishop, Thomas, Lietner, Mann & Milburn, Chattanooga, of counsel.

OPINION

BURNETT, Chief Justice.

The sole question here is whether or not under the terms of the policy the mailing of a notice of cancellation to the lien holder or loss payee of an insurance policy is notice to said lien holder or loss payee when the only proof with reference to their having said notice is that the insurance company mailed said notice, when as a matter of fact it is stipulated that they did not receive such notice. The Chancellor held that...

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