Cincinnati Insurance Company v. Larry Banks

ALICE M. BATCHELDER, Circuit Judge.

In this diversity case, Cincinnati Insurance Company (“CIC”) appeals a verdict rendered against it in favor of Larry and Wanda Sue Banks (collectively “Banks”), whose home was damaged by fire in 2011, and the district court’s denying CIC a new trial. Banks insured the home through CIC, and although CIC cited several reasons for not covering the damage, pursuant to Tennessee law CIC paid the mortgage balance to the bank that held the mortgage on the property. CIC then filed suit against Banks to recover that payment, and Banks filed a counterclaim seeking…