Spears v. Commercial Insurance Co. of Newark, New Jersey

TOMLIN, Presiding Judge,

Western Section.

Kearney D. Spears (“plaintiff’) brought this action in the Circuit Court of Shelby County against Commercial Insurance Company of Newark, New Jersey (“Commercial”) and Provident Life & Accident Insurance Company (“Provident”) to recover disability benefits allegedly due under a policy issued by each defendant. Both Commercial and Provident filed motions for summary judgment contending that coverage was not provided by its policy for plaintiffs claims. The trial court granted both summary judgment motions. On appeal, the dispositive issue is whether the…