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Daniel v. Allstate Insurance Co.

Court of Appeals of Tennessee, Jackson

April 6, 2015

JAY DANIEL, ET AL.
v.
ALLSTATE INSURANCE COMPANY

Session March 11, 2015.

Direct Appeal from the Circuit Court for Tipton County No. 7087 Joe H. Walker, III, Judge.

Kevin A. Snider, Germantown, Tennessee, for the appellants, Jay Daniel and Elaine Daniel.

Keely Nicole Wilson and Brandon Wayne Reedy, Jackson, Tennessee, for the appellee, Allstate Insurance Company.

Brandon O. Gibson, J., delivered the opinion of the court, in which J. Steven Stafford, P.J., W.S., and Kenny Armstrong, J., joined.

OPINION

BRANDON O. GIBSON, JUDGE.

I. Background and Procedural History

The basic facts in this case are not in dispute. On or about June 28, 2011, Plaintiffs/Appellants Jay and Elaine Daniel (hereinafter "the Daniels") purchased a homeowner's insurance policy from Defendant/Appellee Allstate Insurance Company ("Allstate"). The policy insured the Plaintiffs' property at 85 Park Street, Munford, Tennessee. In pertinent part, the policy states:

Section I Conditions
** * *
3. What You Must Do After A Loss
In the event of a loss to any property that may be covered by this policy, you must:
** * *
(g) within 60 days after the loss, give us a signed, sworn ...

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