CLEVELAND CUSTOM STONE, ET. AL. v. ACUITY MUTUAL INSURANCE COMPANY - Articles

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Posted by: Brittany Sims on Jun 10, 2014

Court: TN Court of Appeals

Attorneys 1:

Stuart F. James, Chattanooga, Tennessee, for the appellant, Acuity Mutual Insurance Company.

Attorneys 2:

Robert G. Norred, Jr. and Matthew G. Coleman, Cleveland, Tennessee, for the appellees, Cleveland Custom Stone, Inc. and Steve’s Stone Works.

Judge(s): MCCLARTY

This case concerns Acuity’s refusal to pay insurance proceeds to Plaintiffs, who filed suit, alleging negligence, breach of contract, bad faith refusal to pay, and violations of the Tennessee Consumer Protection Act, codified at Tennessee Code Annotated section 47-18- 101, et. seq. The case proceeded to jury trial. The jury awarded Plaintiff compensatory damages and found that Acuity’s failure to pay was in violation of the Tennessee Consumer Protection Act. The jury declined to award punitive damages. Likewise, the trial court affirmed the verdict but did not treble the damages. Acuity appeals. We affirm.