Carter v. Boston Old Colony Insurance

In this civil action within the diversity of citizenship jurisdiction, the executrix of her deceased husband’s estate sought to collect medical payment benefits under two insurance policies. Though the stated limit of liability was $1,000 under its policy, the plaintiff claimed that Boston Old Colony Insurance Company was required to pay $2,000 since its policy insured two vehicles. There was no dispute that the Hartford was to pay only $500, but the plaintiff sought punitive damages against both insurance companies because of delay in payment.

The district judge agreed with the plaintiff that…