Legal Opinion

Patrick v. Maryland Casualty Co.

California Court of Appeal

Decided February 20, 1990No. A042902PublishedCited by 22 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

PETERSON, J.

Appellant Maryland Casualty Company challenges a judgment, in an action for bad faith handling of an insurance claim, assessing compensatory damages of $461,239 and punitive damages of $250,000 against it. In the published portions of this opinion, we conclude that the jury should have been instructed to consider the comparative fault of the parties in assessing damages, and that it was reversible error to refuse appellant’s preferred instructions on the issue. Further, there was no substantial evidence of malice, fraud, or oppression sufficient to warrant the imposition of…

2Cases cited10 opinions

  1. Nga Li v. Yellow Cab Co.California Supreme Court · 1975
  2. Daly v. General Motors Corp.California Supreme Court · 1978
  3. Travelers Insurance v. LesherCalifornia Court of Appeal · 1986
  4. Crail v. BlakelyCalifornia Supreme Court · 1973
  5. Sorensen v. AllredCalifornia Court of Appeal · 1980

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

3Cited by22 opinions

  1. Shade Foods, Inc. v. Innovative Products Sales & Marketing, Inc.California Court of Appeal · 2000
  2. Las Palmas Associates v. Las Palmas Center AssociatesCalifornia Court of Appeal · 1991
  3. Tomaselli v. Transamerica InsuranceCalifornia Court of Appeal · 1994
  4. International Insurance v. American Empire Surplus Lines InsuranceCalifornia Supreme Court · 2000
  5. Mock v. Michigan Millers Mutual InsuranceCalifornia Court of Appeal · 1992

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

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