State Farm Mutual Automobile Insurance Co v Campbell is best known for suggesting a constitutionally acceptable ratio (nine to one) of punitive damages to compensatory damages. This of course applies to all categories of punitive damage cases, not just insurance bad faith cases. The good news is that that ratio is being followed by state and federal courts throughout most of the country, and now there is a substantial body of law to corroborate that fact. This article discusses these aspects of the "good news" available to insurers in bad faith cases. It also suggests new tips and strategies available to insurers to prevent the issue of punitive damages from even going to a jury. If the issue does go to the jury, and the jury finds malice, fraud, or oppression, the article also discusse...
(This article was originally published in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) In a case that highlighted a disturbing trend of companies using incentive programs to minimize on-the-job injury reports, a South Dakota man recently won $5 million in a bad faith claim against the construction company he worked for.
(This article originally appeared in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) In a case that highlighted a disturbing trend of companies using incentive programs to minimize on-the-job injury reports, a South Dakota man recently won $5 million in a bad faith claim against the construction company he worked for.
Contract, breach of, interpretation; Insurance, bad faith, exclusions, homeowners; Judgment, summary
In a case that highlighted a disturbing trend of companies using incentive programs to minimize on-the-job injury reports, a South Dakota man recently won $5 million in a bad faith claim against the construction company he worked for. After a six day trial, Pennington County jurors ordered Hills Materials and its parent company Oldcastle Materials to pay Ron Hubbard $65,000 in compensatory damages and $5 million in punitive damages.
- Robert Merrion, president of Remco Equipment Co., recently qualified as the first AIRMaster+ Specialist in southern Colorado. The U.S. Department of Energy and the Compressed Air Challenge recognize Qualified AIRMaster+ Specialists for their ability to use AIRMaster+ software effectively with industries for modeling "what if" scenarios for possible improvements to compressed air systems and associated energy savings. - The Colorado Trial Lawyers Association announced the election of Alan Higbie of Melat Pressman & Higbie in Colorado Springs to the organization's board of directors. Higbie's practice focuses on personal injury, wrongful death, insurance bad faith and products liability cases. He has an undergraduate degree from the University of California and a law degree from the Uni...
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