Legal Opinion · Dissent

Kentucky Farm Bureau Mutual Insurance Co. v. Rodgers

Kentucky Supreme Court

Decided September 22, 2005No. 2002-SC-1044-DG, 2002-SC-001044-DGPublished

1Dissent

Dissenting opinion by

Justice WINTERSHEIMER.

I must respectfully dissent from the majority opinion because the admission of testimony regarding bad faith on the part of the insurance company was not error.

It is regrettable that the majority opinion seeks to avoid the obvious concern about punitive damages which, in my judgment, was the major reason to accept this case for- discretionary review. The majority opinion seeks to obviate the need to discuss whether punitive damages awarded here violate the due process clause of the Fifth and Fourteenth Amendments of the U.S. Constitution as…

2Cases cited14 opinions

  1. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  2. State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
  3. Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
  4. Cooper Industries, Inc. v. Leatherman Tool Group, Inc.Supreme Court of the United States · 2001
  5. TXO Production Corp. v. Alliance Resources Corp.Supreme Court of the United States · 1993

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API