Doochin v. United States Fidelity & Guaranty Co.

OPINION

CANTRELL, Judge.

In this action, on a fire insurance policy, the jury allowed recovery and awarded the insured the 25% penalty pursuant to Tenn. Code Ann. § 56-7-105. On appeal the insurer raises issues concerning the sufficiency of the evidence to support the verdict, the admissibility of evidence, and the inflammatory remarks of opposing counsel in final argument. We reverse the award of the statutory penalty and remand for a new trial on that issue.

I. Facts and Procedural History

On December 28, 1988, a fire destroyed a fabrication plant in Nashville owned and operated by the…