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Currie v. Farmers Insurance Co.

Court of Appeals of Tennessee, Nashville

June 24, 2019

JEANETTE CURRIE
v.
FARMERS INSURANCE COMPANY

          Assigned on Briefs June 3, 2019

          Appeal from the Circuit Court for Davidson County No. 18C996 Hamilton V. Gayden, Jr., Judge.

         Due to the deficiencies in Appellant's brief, we conclude that she waived consideration of any issues on appeal and hereby dismiss the appeal.

         Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed

          Jeanette Currie, Nashville, Tennessee, appellant, pro se.

          Amy Victoria Peters and Jeffrey Regg Kohl, Oklahoma City, Oklahoma, for the appellee, Farmers Insurance Exchange (OK).

          Kenny Armstrong, J., delivered the opinion of the court, in which Thomas R. Frierson, II, and W. Neal McBrayer, JJ., joined.

          OPINION

          KENNY W. ARMSTRONG, JUDGE.

         In October 2016, Appellant Jeanette Currie obtained a policy for automobile insurance from Appellee Farmers Insurance Exchange ("Farmers"). The policy contained an exclusion for Lewarren Currie, Ms. Currie's adult son. Lewarren Currie was not residing in Ms. Currie's household when the policy was issued because he was incarcerated. He was paroled in 2017 and moved into Ms. Currie's home at that time.

         On November 2, 2016, Farmers sent Ms. Currie copies of her policy documents. These documents, which are included in the appellate record, clearly state that Lewarren Currie is an excluded driver. There is also evidence that Ms. Currie signed the Excluded Driver Endorsement on November 1, 2016; Ms. Currie denies doing so.

         The policy was renewed on April 30, 2017. Farmers sent a letter to Ms. Currie on or about March 7, 2017. The letter lists Lewarren Currie as an excluded driver on the Declarations Page.

         It is undisputed that, on September 2, 2017, Ms. Currie entrusted her vehicle to her son. While in Lewarren Currie's care and control, Ms. Currie's vehicle was stolen. The vehicle was later recovered, but it sustained significant damage. On September 4, 2017, Ms. Currie contacted her insurance agent, Demetrius Thompson, and filed a claim. Farmers proceeded to investigate the claim. On September 8, 2017, Farmers field property adjuster, Philip Bolcar, met with Ms. Currie to inspect the vehicle. He subsequently drafted an estimate regarding the proper damage. The total damages, less Ms. Currie's $500.00 deductible, were $4, 904.87.

         Farmers initially denied the claim on September 22, 2017 based on the Named Driver Exclusion Endorsement. Following further negotiations, Farmers provided coverage under the Comprehensive portion of Ms. Currie's policy. On October 26, 2017, Ms. Currie accepted a settlement from Farmers in the amount of $4, 904.87.

         On October 27, 2017, Ms. Currie filed a suit against Farmers in the General Sessions Court of Davidson County. Ms. Currie sought damages for failure to pay a claim and false reporting. Following a bench trial, ...


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