Legal Opinion

Hayes Brothers, Inc. v. Economy Fire & Casualty Company

Court of Appeals for the Eighth Circuit

Decided November 25, 1980No. 80-1022PublishedCited by 6 opinions

1Opinion of the Court

HUNGATE, District Judge.

Appellant, Economy Fire & Casualty Company [Economy], appeals an award of compensatory and punitive damages in an “excess judgment” action brought by appellee, Hayes Brothers, Inc. [Hayes]. We affirm as to the award of compensatory damages, and reverse as to punitive damages.

Hayes filed this “excess judgment” action against its insurer, Economy, based on Economy’s failure to accept a policy limit demand to settle a tort action, Lee v. Hayes, No. 76-27-D (S.D.Iowa Nov. 19, 1976).

A jury returned a verdict against Economy in the amount of $119,748 compensatory damages,…

2Cases cited16 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Meyer v. NottgerSupreme Court of Iowa · 1976
  3. Thomas Polk v. Ford Motor Company, Ethel Lee Marshall, Guardian v. Ford Motor CompanyCourt of Appeals for the Eighth Circuit · 1976
  4. Kurtenbach v. TeKippeSupreme Court of Iowa · 1977
  5. Henke v. Iowa Home Mutual Casualty CompanySupreme Court of Iowa · 1959

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3Cited by6 opinions

  1. Kelly v. WilliamsDistrict Court of Appeal of Florida · 1982
  2. Grant v. FarnsworthCourt of Appeals for the Eighth Circuit · 1989
  3. Herman v. Brewah Cab, Inc.District Court, E.D. Wisconsin · 1998
  4. Rodgers v. Pennsylvania Life InsuranceDistrict Court, S.D. Iowa · 1982
  5. Brock v. LauritzenDistrict Court, E.D. Wisconsin · 1986

1 more not listed; retrieve them via the Exa API.

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