PHOENIX INS. CO. v. ESTATE OF GANIER


212 S.W.3d 270 (2007)

PHOENIX INSURANCE COMPANY v. ESTATE OF Mary Napier GANIER, et al.

Court of Appeals of Tennessee, Middle Section, at Nashville.

August 7, 2006.

Permission to Appeal Denied December 27, 2006.


Attorney(s) appearing for the Case

Donald Capparella and David Huff, Nashville, Tennessee, and Albert S. Nalibotsky, Charlotte, North Carolina, for the Appellant Phoenix Insurance Company.

Brenda M. Dowdle and Barbara J. Perutelli, Nashville, Tennessee, for the Appellees Estate of Mary Napier Ganier, and Bryan, Ward & Elmore, Inc.


Permission to Appeal Denied by Supreme Court December 27, 2006.

OPINION

D. MICHAEL SWINEY, J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, P.J., and CHARLES D. SUSANO, JR., J., joined.

Richards and Richards ("the Tenant") leased a storage facility from Mary Napier Ganier ("the Landlord"). The lease required the Tenant to obtain personal property insurance for its own benefit. The lease...

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