Legal Opinion
Ben Dempsey and Jane B. Dempsey v. Auto Owners Insurance Company, a Corporation
Court of Appeals for the Eleventh Circuit
Decided October 17, 1983No. 82-7133PublishedCited by 32 opinions
1Per curiam
In this diversity case, we review a jury verdict of $3.1 million resulting from a fire loss claim, a “bad faith refusal to pay” tort claim, and punitive damages. We find the award excessive.
FACTS
Ben and Jane Dempsey lived in Eufaula, Alabama, and insured their home with Auto Owners Insurance Company (Auto Owners). On August 3, 1978, during the pre-dawn hours, fire destroyed their home. At the time of the fire, the house was unoccupied and listed for sale. When the house burned, Jane Dempsey and the Dempsey children were vacationing in Florida; Ben Dempsey, a vice-president at Eufaula Bank and…
2Cases cited14 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- National SEC. Fire & Cas. Co. v. BowenSupreme Court of Alabama · 1982
- Chavers v. National SEC. Fire & Cas. Co.Supreme Court of Alabama · 1981
- National Sav. Life Ins. Co. v. DuttonSupreme Court of Alabama · 1982
- Gulf Atlantic Life Ins. Co. v. BarnesSupreme Court of Alabama · 1981
9 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Blue Cross & Blue Shield of Miss. v. CampbellMississippi Supreme Court · 1984
- Allstate Insurance Company, Plaintiff-Counterclaim v. Terry Swann and Pamela Swann, Donald L. Rayburn, Defendant-CounterclaimCourt of Appeals for the Eleventh Circuit · 1994
- T.D.S. Incorporated v. Shelby Mutual Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1985
- Edward Lee Provau v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1985
- Allstate Insurance v. FosterDistrict Court, D. Nevada · 1988
27 more not listed; retrieve them via the Exa API.