St. Paul Fire & Marine Insurance v. Clark

Case No. A01A2451

1. I fully concur in, and welcome, the majority’s acknowledgment, although late in the tortured appellate history of this case, that “the Clarks clearly lost their [Racketeer Influenced & Corrupt Organizations Act (‘RICO’)] judgment and the directed verdict holding that Security wrongfully interfered with their property rights by wrongfully rescinding their insurance coverage.”

I concur in Division 5 (a), which concludes that the issues of the amount of attorney fees and liability for and amount of punitive damages “must be retried because the award was based on all three…