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Insurer must pay $2.75M in punitive damages for deception, court rules

A court of appeals has affirmed a decision awarding an injured woman $2.75 million in punitive damages from an insurance company that had 'actively deceived' the woman.

By Steven A. Meyerowitz, Esq., Director, FC&S Legal | Updated on August 22, 2017
The circuit court agreed with the district court that there were sufficient facts to find that “Charter Oak did not simply fail to disclose the existence of $900,000 of UIM coverage available to [Ms.] Dziadek, but actively deceived [Ms.] Dziadek and her attorney into believing that there was no such coverage.”

This story is reprinted with permission from FC&S Legal, the industry’s only comprehensive digital resource designed for insurance coverage law professionals. Visit the website to subscribe.

The U.S. Court of Appeals for the Eighth Circuit has affirmed a decision by the U.S. District Court for the District of South Dakota awarding an injured woman $2.75 million in punitive damages from an insurance company that had “actively deceived” the woman — and her attorney — into believing that no underinsured (UIM) motorist benefits were available to her.

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