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ELLIOT v. LIFE OF THE SOUTH INS. CO.

No. E2006-02332-COA-R3-CV

296 S.W.3d 64 (2008)

Shirley J. ELLIOT v. LIFE OF THE SOUTH INSURANCE CO., et al.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

March 31, 2008.

Permission to Appeal Denied by Supreme Court October 27, 2008.

Attorney(s) appearing for the Case

M.J. Hoover III, Knoxville, Tennessee, for the appellant, Shirley J. Elliot.

Christopher D. Heagerty, Knoxville, Tennessee, for the appellee, Life of the South Insurance Company.

Christopher W. Conner, Maryville, Tennessee, for the appellee, Amtrust Bank.

Linda J. Hamilton Mowles and Tara L. Dalton, Knoxville, Tennessee, for the appellees, Cappo Management, Inc. and Dave Lawson.

OPINION

SHARON G. LEE, J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, P.J., and D. MICHAEL SWINEY, J., joined.

The Plaintiff was issued a credit disability insurance policy based upon an application she executed when she purchased a vehicle from an auto dealership. Thereafter, the Plaintiff was diagnosed with cancer which prevented her from working, and she applied for benefits under the policy. The insurer refused to pay, and...

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