TBA Law Blog


Posted by: Stacey Shrader Joslin on Dec 20, 2019

In an opinion released today, the Tennessee Supreme Court reinstated a conviction for presenting a false or fraudulent insurance claim after the Court of Criminal Appeals struck it down. Just days after securing a homeowner’s policy, a fire caused extensive damage to the defendant’s residence and he subsequently filed an insurance claim. The defendant was later convicted of arson and presenting a false or fraudulent insurance claim. The Court of Criminal Appeals affirmed the arson conviction but reversed the insurance claim conviction saying the defendant did not meet the technical requirements for filing a claim. The Supreme Court disagreed, finding that the defendant’s actions clearly showed he asserted a right to payment under the homeowner’s policy. Read more in a press release from the court.