AETNA CAS. & SUR. CO. v. SUMMAR


545 S.W.2d 730 (1977)

AETNA CASUALTY & SURETY CO., Petitioner, v. J. Marshall SUMMAR, Jr., Respondent.

Supreme Court of Tennessee.

January 17, 1977.


Attorney(s) appearing for the Case

D.L. Lansden, Waller, Lansden, Dortch & Davis, Nashville, for Pinson & Phillips Ins. Agency.

W.A. Moody, Nashville, for Aetna Cas. & Sur. Co.

J. Murray Milliken, Joel M. Leeman, Gullett, Steele, Sanford, Robinson & Merritt, Nashville, for respondent.


OPINION

COOPER, Chief Justice.

We granted certiorari in this case to review the holding of the Court of Appeals that Aetna Casualty and Surety Company was primarily liable for payment of the full damage caused by fire to two apartment buildings owned by respondent, J. Marshall Summar, Jr., and that Pinson and Phillips Insurance Agency, Inc., who placed the fire insurance coverage, was secondarily liable for payment of the fire loss.

In 1971...

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