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Traylor v. Colonial Insurance Co.

March 23, 1999

DONALD R. TRAYLOR AND JANE G. TRAYLOR APPELLANTS
v.
COLONIAL INSURANCE COMPANY OF CALIFORNIA APPELLEE



The opinion of the court was delivered by: Payne, J.

DATE OF JUDGMENT: 11/05/97

TRIAL JUDGE: HON. JERRY O. TERRY

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - INSURANCE

TRIAL COURT DISPOSITION: SUMMARY JUDGMENT GRANTED TO APPELLEE

DISPOSITION: REVERSED AND REMANDED -03/23/99

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

EN BANC

PROCEDURAL POSTURE AND ISSUE PRESENTED

¶1. This case is before the Court challenging the grant of summary judgment in favor of Colonial Insurance of California (Colonial) against the appellants, Donald and Jane Traylor. After denial of their motion for reconsideration, the Traylors perfected this appeal, alleging that issues of material fact existed as to whether Colonial appropriately denied coverage of their claims, whether the denial of coverage was in bad faith, and whether the Traylors were entitled to punitive damages and attorney's fees.

ΒΆ2. Upon review of the record, briefs, and precedents in this matter, we find there were issues of material fact sufficient to defeat summary judgment. Accordingly, we find the trial court in error, and reverse and remand ...


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