California Court of Appeal

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Major v. Western Home Ins. Co., D050479

Home insurer unsuccessfully appeals from a jury verdict in an insurance bad faith action arising from the destruction of Plaintiffs' home. Court finds that: 1) because the economic damages award stands in a reasonable, two-to-one relationship to the noneconomic damages award, the latter is not excessive; 2) regional claims adjusters employed by the insurer were "managing agents" for purposes of punitive damages; and 3) the punitive damages award does not raise due process concerns because it is roughly equal to the tort damages award.

Appellate Information

  • Decided 01/06/2009
  • Published 01/06/2009

Judges

  • NARES, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Horvitz & Levy, Lisa Perrochet, Margaret S. Thomas, Encino;  Law Offices of Kenneth N. Greenfield and Kenneth N. Greenfield, San Diego, for Defendant and Appellant., Levine, Steinberg, Miller & Huver and Craig A. Miller, San Diego, for Plaintiffs and Respondents.
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