Pederson's Fryer Farms, Inc. v. Transamerica Insurance

In this declaratory judgment action, the jury returned a verdict in favor of Pederson’s for the cost of cleaning up contamination caused by an underground gasoline storage tank. On appeal, the insurer argues that the trial court erred in denying its motion for a directed verdict, in instructing the jury, in failing to reduce the verdict, in awarding prejudgment interest, and in denying a motion to vacate an attorney fees award in favor of the insured. Transamerica failed to convince the jury that Pederson’s actions caused it actual and substantial prejudice. Giving great deference to the…