After a fire at a rental home, suit was brought against the tenant. During discovery, the tenant sought admissions related to the landlords’ insurance coverage and as to whether the suit was actually a subrogation action by the insurer brought in the names of the insured. As a result of resistance to disclosure, the tenant moved to compel. The trial court granted the motion. Following admissions indicating that this suit is a subrogation action by the insurer brought in the names of the insured, the tenant moved for summary judgment asserting that under the Sutton Rule she is an implied co-insured under the landlords’ insurance policy. Opposition to summary judgment was advanced based upon the purported inapplicability of the Sutton Rule and the purported applicability of the collateral source rule. The trial court granted summary judgment to the tenant. This appeal followed. We affirm the trial court’s grant of the motion to compel and summary judgment in favor of the tenant.
Case Number
M2022-00708-COA-R3-CV
Originating Judge
Judge Amanda McClendon
Date Filed
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