Nora v. Safeco Insurance

I dissent from the majority opinion in several respects. First, it is my conclusion that no award for lost profits or other consequential damages should be allowed in this case. Even if such damages are allowable, however, the majority is remiss in not enunciating standards for which consequential damages are compensable. Finally, I would hold that Nora failed to show lost future profits with reasonable certainty.

I

I do not concur in the majority’s characterization of this suit as a conversion action. While Nora’s complaint alleges Safeco’s “unlawful retention” of the savings certificate, Nora…