Bush v. Exchange Mutual Insurance Co.

(Western Section).

Delila J. Bush (“plaintiff”) brought suit against Exchange Mutual Insurance Company and others (“Exchange” or “defendants”) in the Circuit Court of Shelby County. She sought to recover the amount of damage she sustained as a result of vandalism on property she owned which was insured by Exchange1. Exchange filed a motion for summary judgment, contending that the plaintiff violated two policy provisions, each of which justified judgment for Exchange as a matter of law. Exchange contended that plaintiff (1) failed to file a proof of loss within the sixty day time period…