Hopson v. Southern American Insurance Co.

OPINION

FRANKS, Judge.

Plaintiffs were awarded judgment for $15,900.00 by the chancellor, without a jury, for the burglary loss of the contents of their music and clothing store, located in New Tazewell, Tennessee. The award was based on a policy of insurance issued by defendant in force at the time of the loss, with coverage for burglary of $16,000.00 with $100.00 deductible.

On appeal, defendant insists that after demand for a jury in accordance with T.R. C.P., Rule 38.02, the chancellor erroneously refused the demand. The order denying the jury states, in part:

In this cause, it appearing from…