Jason Simms v. Insurance Company of North America

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE September 13, 2005 Session JASON SIMMS v. INSURANCE COMPANY OF NORTH AMERICA Appeal from the Circuit Court for Rhea County No. 22031 J. Curtis Smith, Judge No. E2005-00062-COA-R3-CV - FILED OCTOBER 14, 2005 The issue in this case is whether the trial court correctly granted the Defendant Insurance Company of North America (“ICNA”) summary judgment based on its finding that the claimant, Jason Simms, failed to follow the loss provisions of the insurance policy and that ICNA’s agent did not possess authority to waive the loss provisions. We hold…