Austero v. Washington National Insurance

MORRIS, P. J., Concurring and Dissenting.

I agree with the majority that there is substantial evidence to support the award of punitive damages and that the damages awarded for emotional distress should be stricken. However, I respectfully dissent from that portion of the majority opinion which strikes the damages awarded for attorney’s fees. Ignoring one statute and misapplying another, the majority frustrates the very purpose of tort law—compensation.

The pertinent rule on the issue of attorney’s fees in this case is that, “[f]or the breach of an obligation not arising from contract, the…