Legal Opinion
Mitchell, Jr. v. Fortis Ins. Co.
Supreme Court of South Carolina
Decided September 14, 2009No. 26718PublishedCited by 27 opinions
1Opinion of the CourtChief Justice Toal
In this case, a policyholder brought causes of action for breach of contract and bad faith rescission against his insurance company, and sought actual and punitive damages for the company’s termination of his health care insurance from original issuance on the grounds of a purported misrepresentation. The jury awarded the policyholder $36,000 in actual damages on the breach of contract claim, $150,000 in actual damages on the bad faith rescission claim, and $15 million in punitive damages deriving from the bad faith cause of action. This appeal followed.
Factual Background
On May 15, 2001,…
2Cases cited22 opinions
- Ornelas v. United StatesSupreme Court of the United States · 1996
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
- Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
- Cooper Industries, Inc. v. Leatherman Tool Group, Inc.Supreme Court of the United States · 2001
17 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Austin v. Stokes-Craven Holding Corp.Supreme Court of South Carolina · 2010
- Pope v. Heritage Communities, Inc.Court of Appeals of South Carolina · 2011
- Fairchild v. South Carolina Department of TransportationSupreme Court of South Carolina · 2012
- Harleysville Group Insurance v. Heritage Communities, Inc.Supreme Court of South Carolina · 2017
- Magnolia North Property Owners' Ass'n v. Heritage Communities, Inc.Court of Appeals of South Carolina · 2012
22 more not listed; retrieve them via the Exa API.