Hendry v. United Services Automobile Ass'n

TOMLIN, Judge.

This is an appeal from the Chancery Court of Shelby County, Tennessee. It is an action brought by an insured against its insurer for loss sustained by the insured under the collision coverage provisions of an automobile insurance policy. For reasons hereinafter set forth, this Court is of the opinion that this case should be remanded to the trial court for further action consistent with the holding herein.

The parties hereto will be referred to in their posture as “insured” and “insurer.” The insurer had issued a policy of insurance covering a 1977 Buick LeSabre automobile…