Malott v. State Farm Mutual Automobile Insurance Co.

I agree that the judgment for Malott, while quite low for an injury of this nature, was supported by the evidence and therefore may properly be affirmed. However, I write separately to express my reservations about instructing juries on contract *928law principles in cases such as the one before us. Such instructions are, at best, confusing and not helpful to jurors. At worst, they can contribute to improper verdicts and damage awards.

It is well established that damages in an action brought under a UM provision are to be determined under tort, and not contract, principles. An instruction like the…