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Ronnie Berke vs. Chubb Group of Insurance Companies and Pacific Indemnity Company
State: Tennessee
Court: Court of Appeals
Docket No: E2007-02132-COA-R3-CV
Case Date: 08/14/2008
Plaintiff: Ronnie Berke
Defendant: Chubb Group of Insurance Companies and Pacific Indemnity Company
Preview:IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE
June 18, 2008 Session

RONNIE BERKE v. CHUBB GROUP OF INSURANCE COMPANIES and
PACIFIC INDEMNITY COMPANY

Direct Appeal from the Chancery Court for Hamilton County
No. 96-0982 Hon. John B. Hagler, Chancellor, Sitting by Interchange

No. E2007-02132-COA-R3-CV - FILED AUGUST 14, 2008
This action was filed on October 3, 1996 in the Chancery Court.  The Final Judgment was entered in the Trial Court on September 13, 2007.  On appeal, we vacate and remand for a new trial inter alia due to the unreasonable delay by the Trial Court in rendering judgment.

Tenn. R. App. P.3 Appeal as of Right; Judgment of the Chancery Court Vacated and Remanded.
HERSCHEL PICKEN S FRANKS, P.J., delivered the opinion of the Court, in which CHARLES D. SUSANO, JR., J., and D. MICHAEL SW INEY, J., joined.
Andrew L. Berke, and Megan England Demastus, Chattanooga, Tennessee, for appellant.
William B. Jakes, Nashville, Tennessee, for appellees.

OPINION
Plaintiff filed a Complaint on October 3, 1996, alleging that he had suffered a loss to his home on October 5, 1995, and that he was insured by defendant who had not paid his claim.
Defendant answered, admitting plaintiff was insured, but denying that the claim remained unpaid.  On July 29, 1997, defendants filed a Motion to Compel regarding plaintiff
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