Sweet v. Grange Mut. Casualty Co.

In this case we hold that the trial court should have sent a claim for punitive damages for a claimed tort arising in conjunction with a claimed wilful breach of contract to the jury for their determination of the issues of whether such a breach occurred and if so the amount of such damages.

Originally, the plaintiff-appellant, hereafter referred to as Sweet, filed a complaint containing two counts against the defendant-appellee, hereafter referred to as Grange, the insurer of Sweet’s 1972 Dodge automobile.

The first count alleged in substance that Grange had issued a $100 deductible automobile…