Jacobs v. Farmland Mutual Insurance Co.

I respectfully dissent from the majority’s final disposition of the Jacobses’ claim of fraudulent inducement. Although I agree with the majority that punitive damages cannot be awarded on a claim for rescission, I believe that the pleadings and record in this case indicate that the plaintiffs alleged an independent claim of fraud in tort on which punitive damages can be awarded. The Jacobses, therefore, should be granted a new trial and allowed to prove a claim of fraud in tort in order to establish punitive damages.

In Count VI of their amended complaint, the Jacobses set forth the specific…