United States Seventh Circuit

In a dispute over a life insurance claim, judgment in favor of defendants is vacated and remanded for new trial where: 1) the jury instructions contained a definition that was an incorrect statement of law; and 2) the procedure set forth in the special verdict form submitted to the jury was significantly flawed. The grant of summary judgment in favor of the defendants on plaintiff's claim for punitive damages is affirmed.

Appellate Information

• Argued 10/27/2008
• Decided 03/12/2009
• Published 03/12/2009

Judges

• KANNE, Circuit Judge., Before KANNE, WILLIAMS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• David K. Herzog, Attorney (argued), Baker & Daniels, Indianapolis, IN, for Plaintiff-Appellant.


• For Appellees:
  
• Theodore T. Poulos (argued), Attorney, Cotsirilos, Stephenson, Tighe & Streicker, Chicago, IL, for Defendants-Appellees.