American National Property and Casualty Company v. Stutte et al

Filing 27

MOTION for Partial Summary Judgment by American National Property and Casualty Company. (Attachments: # 1 Affidavit Stacey Jennings, # 2 Affidavit Gary Noland)(Kinsman, N)

02802-71561 (RER)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
AMERICAN NATIONAL PROPERTY
AND CASUALTY COMPANY,
Plaintiff, Counterclaim-Defendant,
V.
CAROL ANN STUTTE; LAURA JEAN
STUTTE,
Defendants, Counterclaim- Plaintiffs,
and
CHASE HOME FINANCE, LLC,
Defendant.

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CIVIL ACTION
NO. 3:11-CV-219
JURY TRIAL DEMANDED

ANPAC’S MOTION FOR PARTIAL SUMMARY JUDGMENT
REGARDING PLAINTIFFS’ CLAIMS OF BAD FAITH AND VIOLATION OF THE
TENNESSEE CONSUMER PROTECTION ACT

Comes now American National Property and Casualty Company (”ANPAC”), by and
through counsel, pursuant to Federal Rule of Civil Procedure 56 and moves this Honorable
Court for a partial summary judgment regarding Carol Ann Stutte and Lauran Jean Stutte’s
claims for the statutory bad-faith penalty and violation of the Tennessee Consumer Protection
Act. In support of this motion, ANPAC states as follows:
1.

Because ANPAC’s conduct, as a matter of law, can not support a claim for

recovery of the statutory bad faith penalty, ANPAC is entitled to summary judgment on the
Stuttes’ claim for statutory bad faith.
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02802-71561 (RER)

2.

Because ANPAC’s conduct, as a matter of law, can not support a claim for

violation of the Tennessee Consumer Protection Act, ANPAC is entitled to summary
judgment on the Stuttes’ claim for violation of the Tennessee Consumer Protection Act.
3.

In accordance with Rule 56, ANPAC has shown this Court that there is no

genuine dispute as to any material fact concerning Plaintiffs’ bad faith and Tennessee
Consumer Protection Act claims and that ANPAC is entitled to judgment as a matter of
law.
4.

In further support of its Motion for Partial Summary Judgment on these

claims, ANPAC respectfully refers the Court to the Affidavit of Stacey Jennings, the
Affidavit of Gary Noland, its Memorandum of Law and Exhibits, and its Statement of
Undisputed Facts, filed contemporaneously with this Motion, which it incorporates by
reference as if fully set forth here.
WHEREFORE, PREMISES CONSIDERED, ANPAC respectfully requests that the
Court enter an Order granting its Motion for Partial Summary Judgment as to the Stuttes’
claims for statutory bad faith and violation of the Tennessee Consumer Protection Act.

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02802-71561 (RER)

Respectfully submitted,
___s/ N. Mark Kinsman_________________
N. MARK KINSMAN, BPR No. 06039
Baker, Kinsman, Hollis, Clelland & Winer, P.C.
701 Market Street, Suite 1500
First Tennessee Building
Chattanooga, TN 37402-4825
[phone]
[e-mail]
___s/ Russell E. Reviere_________________
RUSSELL E. REVIERE, BPR No. 07166
Rainey, Kizer, Reviere & Bell, P.L.C.
209 East Main Street
P. O. Box 1147
Jackson, TN 38301-1147
[phone]
[e-mail]
Counsel for ANPAC

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02802-71561 (RER)

CERTIFICATE OF SERVICE
The undersigned certifies that a true copy of this pleading or document was
served via the Court’s ECF filing system upon:
Peter J. Alliman
135 College Street
Madisonville, TN 37354
Tel: [phone]
Attorney for Carol Stutte and Laura Stutte
Seth A. Tucker
Scott J. Levitt
Jonathan G. Hardin
Darien S. Capron
1201 Pennsylvania Avenue NW
Washington, DC 20004-2401
Tel: [phone]
Attorneys for Carol Stutte and Laura Stutte

This the 25th day of October, 2011.
___s/ N. Mark Kinsman_________________

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