National Union Fire Insurance Co. of Pittsburgh v. Dominguez

OPINION

KOEHLER, Justice.

The opinion issued on February 28, 1990 is withdrawn and the following is substituted.

This is an appeal from a judgment based upon a jury verdict, awarding $322,988.36 in compensatory and exemplary damages to Appellee for breach of Appellant’s duty of good faith and fair dealing in connection with a prior worker’s compensation claim. We affirm in part and reverse and render in part.

The Appellee, Justo L. Dominguez, Jr., had been an employee with Petty-Ray Geophysical Company for eleven years when he called in sick on February 27, 1985. Based on information given to the…