WIMBERLY v. AM. CAS. CO. OF READING, PA.


584 S.W.2d 200 (1979)

Robert R. WIMBERLY and Evelyn M. Wimberly, Petitioners, v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA (CNA) Group and New Hampshire Insurance Co., Respondents.

Supreme Court of Tennessee.

July 2, 1979.


Attorney(s) appearing for the Case

Thomas F. Johnston, Armstrong, Allen, Braden, Goodman, McBride & Prewitt, David P. Jaqua, Armstrong, Allen, Braden, Goodman, McBride & Prewitt, Memphis, for petitioners.

Leo Bearman, Sr., Leo Bearman, Jr., Memphis, for respondents.


OPINION

FONES, Justice.

The Wimberly's restaurant was destroyed by fire, and they sustained an undisputed loss of $44,619.10. The fire was caused by Shelia McLemore's driving her automobile into the restaurant. Her insurance carrier paid the policy limits of $25,000. The Wimberlys had a total of $15,000 fire insurance coverage with defendant insurance companies.

The single question for determination is what are the subrogation rights of the two fire...

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