Harvey Burger, Gail Burger v. Time Insurance Company, Incorporated, a Foreign Corporation, Cross-Appellee

Appellant Time Insurance Co. (“Time”) appeals from a judgment entered on a jury verdict awarding Harvey and Gail Burger $50,000 in compensatory damages and $1 in punitive damages. Burger cross-appealed the district court’s grant of summary judgment to Time on Burger’s malicious prosecution claim and an evidentiary ruling of the district court.

On appeal, Time argues that the jury awarded compensatory damages for emotional distress, which, it claims, are not compen-sable under Florida law for this claim. In our initial decision in this case, we concluded that this question was not dictated by…