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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.