BENTON BANKING v. TENN. FARMERS MUT. INS.


906 S.W.2d 436 (1995)

BENTON BANKING COMPANY, Appellee, v. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court of Tennessee, at Knoxville.

September 11, 1995.


Attorney(s) appearing for the Case

Michael R. Campbell, Campbell & Campbell, Chattanooga, for appellant.

David S. Humberd, Cleveland, for appellee.


OPINION

ANDERSON, Chief Justice.

The sole issue presented by this appeal is whether a mortgagee's interest as loss payee in insurance proceeds payable as a result of a fire loss to the collateral securing the mortgagee's debt is affected by the extinguishment of the secured debt after the loss.

The trial court held that the mortgagee bank had an insurable interest that the insurance company was required to protect and that their failure to do so...

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