Shimola v. Nationwide Insurance

In vacating the award of punitive damages, the majority dismisses appellant’s proof of actual damages as “mere conjecture.” It is regrettable that more careful consideration was not given to each item of damage enumerated by appellant in his testimony. I believe that the record does demonstrate sufficient proof of actual bad faith damages to support the jury’s punitive damages award.

Appellant Shimola first stated that as a result of Nationwide’s failure to pay his claim he incurred interest charges on a debt he was unable to pay and suffered the loss of some $400,000 in future profits from…