Photo of a happy couple buying auto insurance found at the web site for Indiana Ins. Co., a Liberty Mutual Company -Photo used for illustrative purposes only and not the insured in the case below.
Kentucky Court of Appeals announced 16 decisions on January 30, 2015, with 3 opinions designated to be published.
In the three published decisions the Court of Appeals affirmed in a “bad faith” claim a jury verdict against Indiana Ins. Co. in favor of its insured for $925,000 for emotional pain and suffering, stress, worry, anxiety or mental anguish and $2.5 million in punitive damages (Demetre vs. Indiana Ins. Co.); affirmed a sentence after the trial court rejected the deal (Heather Griffith vs. Commonwealth of Kentucky); and affirmed dismissal of teachers claims for wrongful discharge (Mary Collins vs. KCEOC Community Action Partnership).
The published decisions are briefly digested below, with the tort, insurance and civil procedure decisions digested below the line with a complete copy of this week’s COA minutes.
Click here for links to all the archived AOC Court of Appeals minutes
Click here for all of a listing of our posts of the weekly COA minutes (or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).
The published decisions are:
75. Bad Faith
THE INDIANA INSURANCE COMPANY VS. DEMETRE (JAMES)
OPINION AFFIRMING
THOMPSON (PRESIDING JUDGE) COMBS (CONCURS) AND STUMBO (CONCURS)
2013-CA-000338-MR TO BE PUBLISHED
THOMPSON, JUDGE: Indiana Insurance Company appeals from a judgment entered following a jury verdict in favor of its insured, James Demetre. The jury found Indiana Insurance violated Kentucky’s Unfair Claims Settlement Practices Act and Kentucky’s Consumer Protection Act and breached its contract by failing to perform as required by the contract, breaching its fiduciary duties owed Demetre or violating the implied covenant of good faith and fair dealing in the insurance contract. The jury awarded Demetre $925,000 for emotional pain and suffering, stress, worry, anxiety or mental anguish and $2.5 million in punitive damages. After entry of the judgment, Demetre filed a motion for attorney fees and expenses and expert expenses and costs under the Consumer Protection Act. The trial court denied attorney fees if the judgment is affirmed on appeal in its entirety. Although the trial court’s order provided for attorney fees in the event the judgment is reversed in part, because we are affirming the judgment in its entirety, we need not reiterate that portion of the trial court’s order.
Indiana Insurance presents the following arguments: (1) the trial court erred in not granting Indiana Insurance’s motion for directed verdict and motion for judgment notwithstanding the verdict (JNOV) on Demetre’s claims for breach of contract and violations of the Unfair Claims Settlement Practices Act and the Consumer Protection Act; (2) the evidence of Demetre’s emotional distress was insufficient to support an award; (3) the jury instructions were erroneous because Demetre was permitted to recover tort damages for breach of contract and did not properly instruct the jury on the proper standard for an award of damages for emotional distress damages; (4) the trial court erred when it excluded the testimony of two witnesses because they were not timely disclosed to Demetre’s counsel; (5) the punitive damages award was excessive; and (6) the trial court’s award of contingent, unliquidated attorney fees was error.
83. Criminal Procedure. Sentencing.
GRIFFITH (HEATHER) VS. COMMONWEALTH OF KENTUCKY
OPINION VACATING AND REMANDING COMBS (PRESIDING JUDGE) NICKELL (CONCURS) AND TAYLOR (CONCURS)
2013-CA-001437-MR
TO BE PUBLISHED
COMBS, JUDGE: Heather Griffith appeals her conviction in the Boyd Circuit Court. After our review, we vacate and remand.
89. Teacher Employment. Wrongful discharge, negligence,and defamation.
COLLINS (MARY) (GRAY) VS. KCEOC COMMUNITY ACTION PARTNERSHIP, INC.
OPINION AFFIRMING
COMBS (PRESIDING JUDGE) NICKELL (CONCURS) AND TAYLOR (CONCURS)
2014-CA-000285-MR TO BE PUBLISHED
COMBS, JUDGE: Mary Gray Collins appeals the order of the Knox Circuit Court which granted motion to dismiss filed by KCEOC Community Action Partnership, Inc. After our review, we affirm.
The Tort Report – the only decision involving torts, insurance, civil procedure was the Demetre vs. Indiana Ins. Co. published decision above.
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