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CLARK v. SPUTNIKS, LLC

Nos. M2010-02163-SC-R11-CV, M2010-02145-SC-R11-CV.

368 S.W.3d 431 (2012)

Donna CLARK v. SPUTNIKS, LLC et al. and Leonard Gamble v. Sputniks, LLC et al.

Supreme Court of Tennessee.

May 30, 2012.

Attorney(s) appearing for the Case

Russell E. Reviere and Jonathan D. Stewart , Jackson, Tennessee, for the appellant, QBE Insurance Company.

William B. Jakes, III , and Mary Martin Schaffner (at trial) Nashville, Tennessee; Joe Dalton, Jr. , Hendersonville, Tennessee, for the appellees, Donna Clark and Leonard Gamble.

OPINION

SHARON G. LEE, J., delivered the opinion of the Court, in which CORNELIA A. CLARK, C.J., JANICE M. HOLDER, GARY R. WADE, and WILLIAM C. KOCH, JR., JJ., joined.

In these consolidated cases, the primary issue is whether there is liability insurance coverage for the plaintiffs' injuries resulting from an altercation on the premises of the insured's bar and restaurant. The insurer denied coverage and declined to defend the insured based on its determination...

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