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 ) .

03C01-9502-CR-00052
03C01-9502-CR-00052

03C01-9502-CR-00052
03C01-9502-CR-00052

03C01-9502-CR-00052
03C01-9502-CR-00052

03A01-9603-CH-00090
03A01-9603-CH-00090

01A01-9408-CV-00398
01A01-9408-CV-00398
Trial Court Judge: Allen W. Wallace

State vs. Mack Samuel Stokes
M1999-02252-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Jim T. Hamilton

03C01-9409-CR-00313
03C01-9409-CR-00313
Trial Court Judge: R. Steven Bebb

03C01-9409-CR-00313
03C01-9409-CR-00313
Trial Court Judge: R. Steven Bebb

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

03C01-9506-CR-00175
03C01-9506-CR-00175
Trial Court Judge: D. Kelly Thomas, Jr.

03C01-9508-CC-00214
03C01-9508-CC-00214
Trial Court Judge: D. Kelly Thomas, Jr.

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

02S01-9511-CV-00114
02S01-9511-CV-00114
Trial Court Judge: James E. Swearengen

03S01-9507-CR-00075
03S01-9507-CR-00075

03C01-9508-CR-00224
03C01-9508-CR-00224
Trial Court Judge: Russell C. Hinson

03C01-9510-CC-00322
03C01-9510-CC-00322
Trial Court Judge: James Edward Beckner

03C01-9506-CC-00179
03C01-9506-CC-00179

01S01-9501-FD-00011
01S01-9501-FD-00011

01S01-9510-CV-00188
01S01-9510-CV-00188
Trial Court Judge: Thomas Goodall

Cecelia Teague v. Tecumseh Products Company
02S01-9509-CV-00081
Authoring Judge: Joe H. Walker, III, Judge
Trial Court Judge: Hon. Julian P. Guinn,
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.

Cecelia Teague v. Tecumseh Products Company
02S01-9509-CV-00081
Authoring Judge: Joe H. Walker, III, Judge
Trial Court Judge: Hon. Julian P. Guinn,
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.