Insurers U.S. Supreme Court ruling in pushing change Utah emblem punitive damages case
The National Association of Mutual Insurance Companies (NAMIC) and the Property Casualty Insurers Association of America (PCI), “amicus brief mention of the fact that the U.S. Supreme Court, an investigation into the detention by a second ruling by the Utah Supreme Court on punitive damages in the case of State Farm Mutual Automobile Insurance Company v. Campbell and Campbell Inez Preece.
In 2002, the Utah Supreme Court awarded punitive damages of $ 145 million, with compensatory damages amounting to $ 1 million in one case, a car crashes. On appeal by the U.S. Supreme Court decided that the damage distinction has been largely on what would be permitted by the Constitution of the Fourteenth Amendment of the Due Process Clause. The case was located in the Supreme Court of Utah, to make its decision in accordance with the Federal Court of Justice judgement.
In its decision following the investigation, remand, the Utah Supreme Court punitive damages awarded $ 9 million to him, increased the question of whether the U.S. Supreme Court, the decision has been followed properly .
“The Supreme Court of Utah flouted this Court’s opinion and mandate, disregarding the Court carefully reasoned conclusion … and the proper ratio between punitive damages and, in this case,” associations “in a nutshell.
The brief also asserts that “the potential for devastating damage caused by the arbitrary and excessive punitive damages awards … is revitalized and strengthened by the Supreme Court of Utah decision. It is therefore important that this (U.S. Supreme) Court this just decision, not only to respect its mandate in this case, but to ensure the vitality of constitutional norms on the revision of punitive damages. ”
Talks on behalf of their members, the associations are calling for a scandal that this award is likely to affect the future of punitive damages cases in connection with other insurers.
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