Tapscott v. Allstate Ins. Co.

This is an appeal from a summary judgment in favor of Allstate Insurance Company (hereinafter "Allstate"). Allstate insured Jerry B. Tapscott in a "Deluxe Homeowner's Policy." Bennie H. Griffin, who had cut down a tree on land allegedly leased by Tapscott, sued Tapscott for 1) maliciously and falsely imprisoning, detaining, and arresting him and 2) intentional infliction of emotional distress. Allstate filed a separate action for a declaratory judgment on the issue of its responsibility to defend and indemnify Tapscott under the terms of the insurance policy. The trial court granted summary…