ERIC D. BROOKS, ET AL. V. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY - Articles

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Posted by: Tanja Trezise on Dec 1, 2014

Court: TN Court of Appeals

Attorneys 1:

Jack O. Bellar and Jamie D. Winkler, Carthage, Tennessee, for the appellant, Tennessee Farmers Mutual Insurance Company.

Attorneys 2:

William L. Moore, Gallatin, Tennessee; and Edgar Taylor, Hartsville, Tennessee, for the appellees, Eric D. Brooks and Tonia D. Brooks.

Judge(s): DINKINS

Plaintiffs filed suit against their property insurer for breach of their homeowner’s insurance policy to recover for damages sustained to their home as a result of a tornado; Plaintiffs also alleged that Defendant violated the Tennessee Consumer Protection Act (“TCPA”). A jury found that Defendant’s actions violated the TCPA and awarded damages to Plaintiffs. Finding Defendant’s conduct to be willful, the trial court doubled the jury’s award; the court also awarded Plaintiffs attorneys fees and costs. Defendant appeals. We modify the award of costs to Plaintiffs; in all other respects, we affirm the judgment of the trial court.

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