Wetherbee v. United Ins. Co. of America

Opinion

TAYLOR, J.—

This is the second appeal by defendant insurer, after this court, in Wetherbee v. United Insurance Co. of America, 265 Cal.App.2d 921 [71 Cal.Rptr. 764], affirmed the judgment in favor of plaintiff and directed a retrial as to the amount of punitive damages, which the jury had found to be $500,000. The insurer now contends that: 1) the trial court erred in its instructions to the jury and exclusion of certain proffered evidence; 2) the award of $200,000 punitive damages was excessive; and 3) it was deprived of a fair trial.

As the parties agree that on retrial the evidence…