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HCA, INC. v. AMERICAN PROTECTION INS. CO.

174 S.W.3d 184 (2005)

HCA, INC. v. AMERICAN PROTECTION INSURANCE COMPANY & Industrial Risk Insurers, et al.

Court of Appeals of Tennessee, at Nashville.

January 24, 2005.

Attorney(s) appearing for the Case

H. Lee Barfield, L. Wearen Hughes and Tara L. Swafford, Nashville, Tennessee, for the appellant, HCA, Inc.

Michael G. Zanic, Peter N. Flocos, Pittsburgh, Pennsylvania, of Counsel.

Rebecca Levy-Sachs, Sarasota, Florida, and Andrée Sophia Blumstein, Nashville, Tennessee, for the appellees, American Protection Insurance Company and Industrial Risk Insurers, et al.

Patricia Head Moskal, Nashville, Tennessee, and Anthony J. Russo, Tampa, Florida, for the appellee, Winterthur.

OPINION

WILLIAM B. CAIN, J., delivered the opinion of the court, in which FRANK G. CLEMENT, JR., J., joined. WILLIAM C. KOCH, JR., P.J., M.S., filed a concurring opinion.

HCA, Inc. appeals the action of the trial court in granting summary judgment to the insurer/ defendants based upon an "inventory exclusion" provision in the policies of insurance. We reverse the action of the trial court and remand the case for further proceedings.

I. The Parties...

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