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TALLEY v. STATE FARM FIRE AND CAS. CO.

No. 98-6260.

223 F.3d 323 (2000)

George S. TALLEY, Plaintiff-Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY; Homeside Lending, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 10, 2000.

Attorney(s) appearing for the Case

Robert A. Wampler (briefed), Wampler & Pierce, Memphis, Tennessee, for Plaintiff-Appellant.

Russell E. Reviere (briefed), Bradford D. Box (briefed), Rainey, Kizer, Butler, Reviere & Bell, Jackson, Tennessee, for Defendants-Appellees.

Before: RYAN, SILER, and CLAY, Circuit Judges.

OPINION

CLAY, Circuit Judge.

Plaintiff, George S. Talley, appeals the judgment granting a motion for judgment as a matter of law under FED.R.CIV.P. 50 to Defendants, State Farm Fire and Casualty Company and Homeside Lending, Inc., (collectively "State Farm"). Talley commenced this action to recover under an insurance policy issued by State Farm for losses he sustained in a fire. As an affirmative defense, State Farm asserted that Talley's refusal to submit...

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