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PREMIUM FINANCE v. CRUMP INS. SERVICES

978 S.W.2d 91 (1998)

PREMIUM FINANCE CORPORATION OF AMERICA, Plaintiff-Appellee, v. CRUMP INSURANCE SERVICES OF MEMPHIS, INC., Crump E & S Of Memphis, Inc., Northland Insurance Company, National Indemnity Company, Canal Insurance Company, Thomas Jefferson Insurance Company, Scottsdale Insurance Company, Stratford Insurance Company, National Casualty Company, National Fire & Casualty Company, National Liability & Fire Insurance Company, National FIR & Marine Insurance, Continental Insurance Company, Lloyds of London, and Glens Falls Insurance Company, Defendants-Appellants.

Supreme Court of Tennessee, at Jackson.

October 26, 1998.

Attorney(s) appearing for the Case

J. Richard Buchignani Ross Higman, Memphis, TN, for Appellants Crump Insurance Services of Memphis, Inc., f/k/a Crump E & S of Memphis, Inc.

Richard Glassman, Memphis, TN, for Northland Insurance Company.

John D. Richardson, Memphis, TN, for National Indemnity Company National Liability & Fire Insurance Company National Fire & Marine Insurance Company.

Henry T.V. Miller, William A. Lucchesi, Memphis, TN, for Canal Insurance Company Thomas Jefferson Insurance Company Scottsdale Insurance Company National Casualty Company National Fire and Casualty Company.

James R. Garts, Jr., Memphis, TN, for Stratford Insurance Company.

Sam B. Blair, Jr., Memphis, TN, for Continental Insurance Company Glens Falls Insurance Company.

J. Allan Hanover, Barbara B. Lapides, Jeffery Rosenblum, Memphis, for Appellee.

OPINION

BIRCH, Justice.

In the current case, the plaintiff, a premium finance company, alleged damage as a result of the defendant insurance companies' failure to return unearned premiums to the plaintiff after cancellation of the underlying insurance contracts. The defendants filed motions to dismiss for failure to state a claim upon which relief can be granted, which the trial court granted as to the plaintiff...

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