APPELLATE COURT OPINIONS

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Mitchell vs. Reno

01A01-9605-CV-00226

Originating Judge:Robert E. Corlew, III
Cannon County Court of Appeals 11/19/97
Ames vs. Phillips Builders

01A01-9701-CV-00043

Originating Judge:Barbara N. Haynes
Davidson County Court of Appeals 11/19/97
Ringling vs. TN. Bd. of Paroles

01A01-9708-CV-00416

Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 11/19/97
Phelps vs. The TN. Bd. of Paroles

01A01-9603-CH-00103

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 11/19/97
State vs. David Volz

01C01-9604-CC-00171
Williamson County Court of Criminal Appeals 11/19/97
Nilsen vs. Black

01A01-9705-CH-00212

Originating Judge:Alex W. Darnell
Montgomery County Court of Appeals 11/19/97
Frazier vs. George

01A01-9703-CV-00110

Originating Judge:John W. Rollins
Coffee County Court of Appeals 11/19/97
Zanetis vs. McMackin

01A01-9705-CV-00203

Originating Judge:William C. Koch
Court of Appeals 11/19/97
Zanetis vs. McMackin

01A01-9705-CV-00203

Originating Judge:Hamilton V. Gayden, Jr.
Court of Appeals 11/19/97
In re: Estate of Alla Mae Locke Simmons, Deceased

01A01-9608-PB-00366

Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Appeals 11/19/97
Easterly vs. Harmon

01A01-9609-CH-00446

Originating Judge:Jeffrey F. Stewart
Sequatchie County Court of Appeals 11/19/97
Walter Biddle vs. Norfolk Southern Corp. et al

02A01-9605-CV-00122

Originating Judge:D'Army Bailey
Shelby County Court of Appeals 11/19/97
Phelps vs. The TN. Bd. of Paroles

01A01-9603-CH-00103

Originating Judge:Henry F. Todd
Court of Appeals 11/19/97
Charles Fossett vs. State of TN

02A01-9703-BC-00061
Court of Appeals 11/18/97
State vs. David Moss

02C01-9610-CC-00365
Lauderdale County Court of Criminal Appeals 11/18/97
03A01-9704-CH-00133

03A01-9704-CH-00133
Greene County Court of Appeals 11/18/97
Pratt vs. Smart

03A01-9701-CV-00024
Knox County Court of Appeals 11/18/97
03S01-9512-CC-00133

03S01-9512-CC-00133
Sevier County Supreme Court 11/17/97
State vs. Utley

01S01-9604-CR-00120
Supreme Court 11/17/97
Hutton vs. Johnson

01S01-9705-CH-00101

Originating Judge:James L. Weatherford
Giles County Supreme Court 11/17/97
State vs. Charles A. Pinkham, Jr.

02S01-9611-CR-00096
Supreme Court 11/17/97
State vs. Jerry Cooper

01C01-9604-CC-00150

Originating Judge:W. Charles Lee
Lincoln County Court of Criminal Appeals 11/17/97
State vs. Jerry Cooper

01C01-9604-CC-00150

Originating Judge:W. Charles Lee
Lincoln County Court of Criminal Appeals 11/17/97
Charter Oak Fire Ins. Co. v. Lexington Ins. Co.

M2002-01752-COA-R3-CV
On November 16, 1997, a fire destroyed a Chili's Restaurant ("Chili's") in Nashville, Tennessee. At the time of the fire, the premises were owned and operated by RMR Investments and Gower Center, Ltd. ("RMR/Gower") and leased to Chili's. Under a 20-year lease agreement, Chili's agreed to insure the improvements against loss or damage by fire and other casualties and to insure against property damage and public liability arising out of occurrences on the premises. RMR/Gower was to be named as a loss payee or additional insured under the insurance policies obtained by Chili's. According to the lease, in the event the premises and/or the improvements were destroyed by fire or other casualty, Chili's had the option to terminate the lease, and all insurance proceeds were to be paid to RMR/Gower, except for the portion payable to Chili's for loss of personal property. Pursuant to the lease agreement, Chili's obtained insurance coverage through Lexington Insurance Company ("Lexington"). The certificate of insurance dated December 5, 1997 listed RMR/Gower as certificate holder and named RMR/Gower as additional insured. After the fire, Chili's elected to terminate the lease agreement due to the condition of the premises. Lexington paid the proceeds for the loss of the building to RMR/Gower, less amounts paid to Chili's for loss of personal property. RMR/Gower submitted an additional claim for damages it incurred for the loss of rental income and other charges it would have otherwise collected from Chili's. This claim was denied by Lexington. RMR/Gower then submitted a claim to its insurer Charter Oak Fire Insurance Company ("Charter Oak") for the loss of rental income, which Charter Oak paid. After Lexington refused to reimburse Charter Oak for the amounts it paid RMR/Gower for the loss of rental income, Charter Oak filed suit against Lexington for breach of contract under the theory of third party beneficiary. Parties filed cross motions for summary judgment. On June 26, 2002, the trial court granted Lexington's summary judgment motion and denied Charter Oak's motion. Notice of this appeal soon followed. For the reasons set forth below, the order of the trial court is reversed in part and affirmed in part.
Authoring Judge: Judge Don R. Ash
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/16/97
Thomas v. White

01A01-9610-CH-00479

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/14/97