Birth Center v. St. Paul Companies, Inc.

KELLY, J.:

¶ 1 In these consolidated appeals we must determine whether the trial court properly granted judgment notwithstanding the verdict (“J.N.O.V.”) in favor of Appellee, St. Paul Companies, Inc. (“St. Paul”), where the jury found sufficient evidence that St. Paul had acted in bad faith in refusing to negotiate and settle a medical malpractice suit brought by a third party against its insured, Birth Center. We must also decide whether compensatory damages may be available to the insured in this context where the insurer ultimately pays the excess verdict in the. underlying third-party…