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T.D.S. INC. v. SHELBY MUT. INS. CO.

No. 83-3622.

760 F.2d 1520 (1985)

T.D.S. INCORPORATED, d/b/a Lord & Lady Restaurant, Thomas Starr, and Dorothy Starr, Plaintiffs-Appellees, v. SHELBY MUTUAL INSURANCE COMPANY, a foreign corporation authorized to do business in the State of Florida, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 24, 1985.

Attorney(s) appearing for the Case

W. Donald Cox, Chris Altenbernd, William A. Gillen, Tampa, Fla., for defendant-appellant.

John W. Berry, St. Petersburg, Fla., for plaintiffs-appellees.

Before TJOFLAT and FAY, Circuit Judges, and ALLGOOD, District Judge.

FAY, Circuit Judge:

Defendant Shelby Mutual Insurance Company (Shelby) appeals from a judgment awarding its insured, T.D.S. Incorporated d/b/a Lord & Lady Restaurant (TDS), $2,620,000.00 in damages. TDS claimed that Shelby breached an insurance contract by refusing to pay on a fire loss claim submitted by the corporation. TDS also sought punitive damages based on the tortious conduct of Shelby and its agents. Shelby, on the other hand, asserted the defenses of...

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