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UNDERWRITERS AT LLOYDS, LONDON v. WINESTONE

182 S.W.3d 342 (2005)

CERTAIN UNDERWRITERS AT LLOYDS, LONDON v. Ted M. WINESTONE; J.B. McDonald & Co.; Leonard E. Franklin; and Guaranty National Insurance Company. Ted M. Winestone and J.B. McDonald & Co., V. Regions Mortgage, Inc., George Holley Insurance Agency, Inc. and Al Hollingsworth.

Court of Appeals of Tennessee, Western Section, at Jackson.

July 13, 2005.

Permission to Appeal Denied August 23, 2005.

Attorney(s) appearing for the Case

Allan B. Thorp, Memphis, for plaintiff/appellant, Certain Underwriters at Lloyds, London.

Eugene G. Douglass, Bartlett, and Alvin A. Gordon, Memphis, for defendant/counter-plaintiff and third party plaintiff/appellee Ted M. Winestone and J.B. McDonald & Co.

Michael B. Neal, Memphis, for appellee Guaranty National Insurance Company.

Permission to Appeal Denied by Supreme Court August 23, 2005.

OPINION

HOLLY M. KIRBY, J., delivered the opinion of the Court, in which W. FRANK CRAWFORD, P.J., W.S., and ALAN E. HIGHERS, J., joined.

This is a casualty insurance case. A bank had a mortgage on residential property. The homeowner stopped making payments on the mortgage, abandoned the property, and allowed the homeowner's insurance coverage on the property to lapse. The bank, in order...

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