National Plan Administrators, Inc. v. National Health Insurance Co.

OPINION

W. KENNETH LAW, Chief Justice.

In this case, we must consider the nature of the relationships among an underwriter, a marketing agency, and a third-party administrator in the insurance industry. The trial court determined that the third-party administrator owed the underwriter a fiduciary duty, and a jury assessed damages. In addition, the jury determined that the marketing agent and the third-party administrator operated as a single-business enterprise and so the court assessed all damages, including exemplary damages based on a finding of malice, jointly and severally against the…