Kocher v. Oxford Life Insurance

In this case a jury was incorrectly instructed that it had no discretion with respect to an award of punitive damages; consequently the jury’s verdict on punitive damages must be vacated and the case remanded for a new trial on that issue.

I

The instant case arises from a lawsuit against the appellant, Oxford Life Insurance Company (“Oxford”), filed by the appellee, Charles Kocher (“Mr. Kocher”).

Mr. Kocher became an Oxford policyholder when he purchased a used truck on April 28, 1999. Mr. Kocher financed the truck purchase with a loan in the amount of $11,563.20. The dealership where Mr. Kocher…