Court of Appeals Opinions

Format: 04/17/2014
Format: 04/17/2014
01A01-9510-CH-00471
Authoring Judge:
Trial Court Judge: Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 07/24/96
01A01-9509-CH-00404
Authoring Judge:
Trial Court Judge: C. K. Smith
Wilson County Court of Appeals 07/24/96
01A01-9602-CV-00067
Authoring Judge:
Trial Court Judge: Barbara N. Haynes
Davidson County Court of Appeals 07/24/96
01A01-9512-CH-00579
Authoring Judge:
Trial Court Judge: William B. Cain
Lawrence County Court of Appeals 07/24/96
01A01-9512-CH-00560
Authoring Judge:
Trial Court Judge: Henry F. Todd
Lawrence County Court of Appeals 07/24/96
01A01-9512-CH-00558
Authoring Judge:
Trial Court Judge: Christina Norris
Davidson County Court of Appeals 07/24/96
01A01-9511-CH-00499
Authoring Judge:
Trial Court Judge: Lee Russell
Marshall County Court of Appeals 07/24/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
McMinn County Court of Appeals 07/19/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Washington County Court of Appeals 07/19/96
Ted C. Smith v. The Shelby Insurance Company of The Shelby Insurance Group
03A01-9603-CH-00076
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor Richard G. Johnson

This is a declaratory judgment action. The complaint seeks a declaration that a loss caused by damage to the plaintiff's building is covered under a commercial property insurance policy issued by The Shelby Insurance Company (Shelby). Following a bench trial, the Chancellor held that there was coverage under the policy and awarded the plaintiff a judgment for $12,352.92. Shelby appeals, arguing that there is no coverage because the premises were vacant at the time of the loss.  It also argues tha the loss is not covered because the policy excludes coverage for damages "[c]aused by or resulting from theft." The plaintiff, Ted C. Smith (Smith), raises, as an additional issue, the failure of the trial court to award the statutory bad faith penalty authorized by T.C. A. § 56- 7- 105( a ) .

Washington County Court of Appeals 07/18/96
03A01-9603-CH-00090
Authoring Judge:
Trial Court Judge:
Hamblen County Court of Appeals 07/18/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Anderson County Court of Appeals 07/17/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 07/17/96