Smith v. Shelby Insurance Co. of the Shelby Insurance Group

OPINION

SUSANO, Judge.

This is a declaratory judgment action. The complaint seeks a declaration that a loss caused by damage to the plaintiffs building is covered under a commercial property insurance policy issued by The Shelby Insurance Company (Shelby). Following a bench trial, the Chancellor held that there was coverage under the policy and awarded the plaintiff a judgment for $12,352.92. Shelby appeals, arguing that there is no coverage because the premises were vacant at the time of the loss. It also argues that the loss is not covered because the policy excludes coverage for damages…