Tudor Insurance v. Township of Stowe

FORD ELLIOTT, Judge.

Appellant Stowe Township (“Stowe”) claims trial court error in refusing to enter judgment notwithstanding the verdict or to order a new trial following a jury’s determination that Stowe acted in bad faith when it falsely answered questions on an insurance application. Finding that the trial court erred in its charge to the jury on Tudor’s burden of proof, we are constrained to remand for a new trial.

We are aware of our deferential standard when reviewing a trial court’s decision to grant or deny a new trial: the power to grant or deny a new trial lies inherently with the…