Legal Opinion
Wimberly v. American Casualty Co. of Reading
Tennessee Supreme Court
Decided July 2, 1979PublishedCited by 40 opinions
1Opinion of the Court
OPINION
FONES, Justice.
The Wimberly’s restaurant was destroyed by fire, and they sustained an undisputed loss of $44,619.10. The fire was caused by Shelia McLemore’s driving her automobile into the restaurant. Her insurance carrier paid the policy limits of $25,000. The Wim-berlys had a total of $15,000 fire insurance coverage with defendant insurance companies.
The single question for determination is what are the subrogation rights of the two fire insurance companies when the total recovery of the insured from the tortfeasor and the fire insurance policies is less than the casualty loss.
The…
2Cases cited14 opinions
- Garrity v. Rural Mutual InsuranceWisconsin Supreme Court · 1977
- Skauge v. Mountain States Telephone & Telegraph Co.Montana Supreme Court · 1977
- Lyon v. Hartford Accident and Indemnity CompanyUtah Supreme Court · 1971
- Castleman Construction Company v. PenningtonTennessee Supreme Court · 1968
- Shawnee Fire Insurance v. CosgroveSupreme Court of Kansas · 1911
9 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Diane M. Cutting and Warren L. Cutting v. Jerome Foods, IncorporatedCourt of Appeals for the Seventh Circuit · 1993
- Powell v. Blue Cross and Blue ShieldSupreme Court of Alabama · 1990
- Winkelmann v. Excelsior InsuranceNew York Court of Appeals · 1995
- Westendorf Ex Rel. Westendorf v. StassonSupreme Court of Minnesota · 1983
- Blankenship v. Estate of BainTennessee Supreme Court · 1999
35 more not listed; retrieve them via the Exa API.