Kinley v. Tennessee State Mutual Insurance Co.

OPINION

FONES, Justice.

Plaintiffs were awarded a recovery in the trial court under the windstorm coverage of their homeowner’s policy issued by defendant. The Court of Appeals held that the two witnesses offered as experts to establish that the damage to their home was caused by windstorm, were not qualified, and that without their testimony there was no evidence to support their claim, and the suit was dismissed. We granted a T.R.A.P. Rule 11 appeal to consider the competence of plaintiffs’ witnesses as experts and if incompetent whether dismissal or a new trial was the appropriate…