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VERMONT MUT. INS. CO. v. CHIU

21 S.W.3d 232 (2000)

VERMONT MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. Marta CHIU, Defendant-Appellee, and First Tennessee National Corporation (Holding Company for First Tennessee Bank National Association and Commercial Credit Plan, Incorporated, Defendants.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

Application for Permission to Appeal Denied June 12, 2000.

Attorney(s) appearing for the Case

James R. Wheeler, Cheek & Wheeler, PLC, Johnson City, TN, for appellant.

M. Stanley Givens Anderson, Fugate, Givens & Belisle, Johnson City, TN, for appellee.

Application for Permission to Appeal Denied by Supreme Court June 12, 2000.

OPINION

CHARLES D. SUSANO, Jr., J.

This declaratory judgment action was filed by Vermont Mutual Insurance Company ("Vermont Mutual") against its insured, the defendant Marta Chiu ("Chiu").1 It was prompted by Chiu's filing of a claim following a fire loss at her house. A jury found that Chiu had made material misrepresentations in her application...

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