CLARK v. AETNA CAS. AND SUR. CO.

Civ. A. No. 3:84-0922.

602 F.Supp. 995 (1984)

James CLARK, et ux., Plaintiffs, v. AETNA CASUALTY AND SURETY COMPANY, Defendant.

United States District Court, M.D. Tennessee, Nashville Division.

December 12, 1984.


Attorney(s) appearing for the Case

H. Stanley Allen, Nashville, Tenn., for plaintiffs.

Darrell G. Townsend, Nashville, Tenn., for defendant.


MEMORANDUM

NEESE, Senior District Judge, Sitting by Designation and Assignment.

The defendant contends that, as a matter of law, the claim of the plaintiffs for the statutory bad-faith penalty, T.C.A. § 56-7-105, is barred because the attorney for the plaintiffs attempted on July 13, 1984 to revoke the proof-of-loss which his clients had submitted previously. The Court finds such argument unpersuasive.

In order to justify the bad-faith penalty...

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