The Heil Co. v. Evanston Insurance Company

OPINION

STEPHEN J. MURPHY, III, District Judge.

Evanston Insurance Company (“Evans-ton”) appeals the denial of its post-trial motion for judgment as a matter of law, or in the alternative to alter or amend the judgment. For the following reasons, we VACATE the jury’s verdict on The Heil Company’s claim for bad faith failure to settle and the associated $2 million punitive damages award, and REMAND for a new trial on those issues. We AFFIRM the jury’s finding that Evanston is liable under Tennessee Code Annotated § 56-7-105.

I

This litigation stems from a wrongful death action brought against The…