J.C. Penney Co. v. Dillard's, Inc.

Appellant, J.C. Penney Company, Inc. (JCP), appeals the order of the trial court, granting final summary judgment to appel-lee, Dillard’s, with respect to JCP’s claims for damage to its store in Hattiesburg, Mississippi. We find that a genuine issue of material fact exists as to how JCP’s insurer applied its deductible and reverse the order granting summary judgment in favor of Dillard’s.

JCP sued Dillard’s for damage to its store at the Turtle Creek Mall in Hatties-burg, Mississippi, in 2005.1 The complaint alleged causes of action for trespass, nuisance and negligence after the roof over *797the…