APPELLATE COURT OPINIONS

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03C01-9507-CC-00202

03C01-9507-CC-00202
Unicoi County Court of Criminal Appeals 07/19/96
Ted C. Smith v. The Shelby Insurance Company of The Shelby Insurance Group

03A01-9603-CH-00076

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 ) .

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Chancellor Richard G. Johnson
Washington County Court of Appeals 07/18/96
03A01-9603-CH-00090

03A01-9603-CH-00090
Hamblen County Court of Appeals 07/18/96
03C01-9502-CR-00052

03C01-9502-CR-00052
Bradley County Court of Criminal Appeals 07/18/96
03C01-9502-CR-00052

03C01-9502-CR-00052
Bradley County Court of Criminal Appeals 07/18/96
03C01-9502-CR-00052

03C01-9502-CR-00052
Bradley County Court of Criminal Appeals 07/18/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Knox County Court of Appeals 07/17/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 07/17/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 07/17/96
01A01-9408-CV-00398

01A01-9408-CV-00398

Originating Judge:Allen W. Wallace
Dickson County Court of Appeals 07/17/96
State vs. Mack Samuel Stokes

M1999-02252-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:Jim T. Hamilton
Giles County Court of Criminal Appeals 07/17/96
03C01-9409-CR-00313

03C01-9409-CR-00313

Originating Judge:R. Steven Bebb
Monroe County Court of Criminal Appeals 07/17/96
03C01-9409-CR-00313

03C01-9409-CR-00313

Originating Judge:R. Steven Bebb
Monroe County Court of Appeals 07/17/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Anderson County Court of Appeals 07/17/96
03C01-9506-CR-00175

03C01-9506-CR-00175

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 07/17/96
03C01-9508-CC-00214

03C01-9508-CC-00214

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 07/16/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 07/16/96
03C01-9506-CC-00179

03C01-9506-CC-00179
Greene County Court of Criminal Appeals 07/15/96
03C01-9510-CC-00322

03C01-9510-CC-00322

Originating Judge:James Edward Beckner
Hamblen County Court of Criminal Appeals 07/15/96
Cecelia Teague v. Tecumseh Products Company

02S01-9509-CV-00081
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Employer appeals from an award by the trial court of thirty percent (3%) permanent partial disability to both upper extremities of employee. Findings of Fact Appellate review is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225 (e)(2). There were no written findings of fact by the trial court. The statement of evidence contained no findings stated by the trial court at trial, and the transcript contains no written findings of fact, other than a finding of permanent partial disability of thirty percent to both upper extremities. This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe H. Walker, III, Judge
Originating Judge:Hon. Julian P. Guinn,
Henry County Workers Compensation Panel 07/15/96
02S01-9511-CV-00114

02S01-9511-CV-00114

Originating Judge:James E. Swearengen
Shelby County Supreme Court 07/15/96
Cecelia Teague v. Tecumseh Products Company

02S01-9509-CV-00081
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Employer appeals from an award by the trial court of thirty percent (3%) permanent partial disability to both upper extremities of employee. Findings of Fact Appellate review is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225 (e)(2). There were no written findings of fact by the trial court. The statement of evidence contained no findings stated by the trial court at trial, and the transcript contains no written findings of fact, other than a finding of permanent partial disability of thirty percent to both upper extremities. This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe H. Walker, III, Judge
Originating Judge:Hon. Julian P. Guinn,
Henry County Workers Compensation Panel 07/15/96
03C01-9508-CR-00224

03C01-9508-CR-00224

Originating Judge:Russell C. Hinson
Hamilton County Court of Criminal Appeals 07/15/96
01S01-9510-CV-00188

01S01-9510-CV-00188

Originating Judge:Thomas Goodall
Sumner County Supreme Court 07/15/96
01S01-9501-FD-00011

01S01-9501-FD-00011
Supreme Court 07/15/96