Howard v. State Farm Mutual Automobile Liability Insurance

State Farm raises three issues upon appeal. First, State Farm contends that the trial court erred in concluding that the matter of mitigated damages was neither properly raised nor sufficiently proved. Secondly, State Farm contends that its offers of judgment for the policy limits prior to the trial on Toomey’s claim preclude, as a matter of law, a finding of bad faith on its part. Finally, State Farm argues that a new trial should be granted because of errors in the court’s instructions.

State Farm asserts that the trial court erred in refusing to limit liability in this case to the policy…