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GRAGG v. GRAGG

12 S.W.3d 412 (2000)

C. Winston GRAGG, Plaintiff/Appellee, v. Nellie C. GRAGG, Defendant/Appellant.

Supreme Court of Tennessee, at Jackson.

January 31, 2000.

Attorney(s) appearing for the Case

Thomas R. Prewitt, Sr., Armstrong, Allen, Prewitt, Gentry, Johnston & Holmes, PLLC, Memphis, for Defendant/Appellant.

Hal Gerber Gerber Law Office, Memphis, for Plaintiff/Appellee.

O P I N I O N

FRANK F. DROWOTA, III, Justice.

The issue of first impression in this appeal is whether, under Tennessee law, disability benefits from a private disability insurance policy acquired with marital funds during the marriage are subject to distribution upon divorce as marital property. See Tenn.Code Ann. § 36-4-121 (1996). We conclude that disability benefits replace lost income and are not marital property subject to distribution upon...

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