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SCHULTZ v. HARFORD MUT. INS. CO.

776 S.W.2d 76 (1987)

Danny L. SCHULTZ, Plaintiff-Appellant, v. HARFORD MUTUAL INSURANCE CO., Defendant-Appellee.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied May 2, 1988.

Attorney(s) appearing for the Case

Steven Oberman and W. Zane Daniel with Daniel & Oberman, Knoxville, for plaintiff-appellant.

Dalton L. Townsend and Julia S. Howard with Hodges, Doughty & Carson, Knoxville, for defendant-appellee.

Permission to Appeal Denied by Supreme Court May 2, 1988.

OPINION

SANDERS, Presiding Judge (Eastern Section).

The pivotal question on this appeal is whether or not the contractual requirement to commence suit within one year is satisfied where suit has been filed within a year but is nonsuited more than a year after the cause of action arose when a second suit on the same cause of action is filed against the same Defendant. We find the answer to...

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