DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
083238P.pdf 08/14/2009 Timothy Moore v. American Family Mutual
U.S. Court of Appeals Case No: 08-3238
District of North Dakota - Fargo
[PUBLISHED] [Arnold, Author, with Murphy and Gruender, Circuit Judges]
Civil case - insurance. Defendant failed to preserve for review its
contention that it was entitled to Judgment as a Matter of Law on its bad-
faith claim; objection to instruction on bad faith was waived as defendant
failed to raise the objection during the instruction conference before the
case was submitted; instructions, as a whole, fairly submitted the issues;
new trial was not required when jury stopped a juror who had improperly
researched defendant's worth and profits from revealing anything more
than the company made huge profits and could afford to pay a judgment
as this information was innocuous and the juror who did the research was
removed from the panel; jury verdict on bad faith claim was supported by
sufficient evidence of uninsurability, economic loss, loss of reputation
and emotional distress; damage award was not excessive; district court
did not err in submitting punitive damages issue to the jury, and the
jury's award was neither excessive nor unconstitutional.