Shimola v. Nationwide Insurance

The primary issue presented by this appeal is whether the $160,000 punitive damages award was properly vacated by the court of appeals. We hold that the award was properly vacated and affirm the decision of the court of appeals.

The court of appeals vacated the trial court’s award of punitive damages “on the ground that the insured failed to prove that he sustained actual damages that stemmed from Nationwide’s failure to honor his claim.” We agree. It is well-established that “ ‘[e]xemplary or punitive damages may not be awarded in the absence of proof of actual damages.’ ” Bishop v. Grdina…