WORLD INSURANCE COMPANY, A CORPORATION, APPELLANT,
v.
EMMA C. WRIGHT, APPELLEE
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A disability insurer appeals a jury verdict awarding the insured $863.29 for policy benefits and $40,000 in compensatory damages for intentional infliction of emotional distress. The appellate court affirms, finding the evidence supported the jury's findings that the insurer's bad faith conduct in attempting to "buy up" the policy and threatening the insured justified both the breach-of-contract recovery and the tort claim.
The jury verdict was properly submitted and supported by sufficient evidence. An insured may recover damages for emotional distress from an insurer whose bad faith conduct in handling a disability insurance policy constitutes the tort of intentional infliction of emotional distress, in addition to recovery for breach of contract. The amount of damages is within the jury's discretion and will not be disturbed absent clear error.
[1] Damages for emotional or mental distress may be recovered from one whose conduct was tortious, even if the conduct also involves a breach of contract.
[2] An insurer's threatened and actual bad faith conduct, including attempts to modify a policy, may justify an action for intentional infliction of emotional distress.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is well-settled that damages for emotional or mental distress may be recovered from one whose conduct was tortious despite the fact that the conduct also involves a breach of contract.”
Establishes the legal principle that tort damages for emotional distress are recoverable independently from contract damages.
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Join FLexlaw to unlock all legal intelligenceWorld Insurance Company issued a disability insurance policy to Emma C. Wright. The insurer engaged in bad faith conduct regarding the policy, includi…
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JOHNSON, Judge.
The appellant insurer .seeks reversal of a final judgment, entered pursuant to a jury verdict, awarding appellee $863.29 as due under a disability insurance policy and $40,000.00 as compensatory damages for the intentional infliction of emotional distress by the appellant disability insurer. We have heard oral argument in this cause and have carefully examined the record on appeal and the briefs submitted by counsel. Upon our consideration thereof, we conclude that the cause was properly submitted to the jury for their determination and that the verdict of the jury finds ample support from the testimony and evidence adduced at trial.
It is well-settled that damages for emotional or mental distress may be recovered from one whose conduct was tortious despite the fact that the conduct also involves a breach of contract. Miller v. Mutual of Omaha Insurance Company, 235 So. 2d 33 (Fla.App. 1st, 1970).
Here, the appellant’s threatened and actual bad faith (including attempts to “buy up” the policy) justified an action for damages for the intentional infliction of mental distress, and we think the testimony concerning appel-lee’s ordeal was sufficient to support the verdict of $40,000.00. The matter of the amount of damages is one for the jury. It is not the province of this Court to substitute its judgment for that of the trier of the facts. These findings will not be disturbed in the absence of a clear showing that error was committed in the proceedings below or that the evidence demonstrates that the conclusions reached are erroneous. Appellant having failed to show such errors, the judgment appealed herein is affirmed.
BOYER, Acting C. J., and EAST-MOORE, E. L,, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gus George Butchikas v. Travelers Indem. Co., 343 So. 2d 816 (Fla. 1976)…ty of the district court. 2. Mental Anguish. Petitioner offers us no Florida precedent for awarding compensation for mental anguish in an ‘‘excess” case, and ' our independent research has revealed none. We are referred to World Ins. Co. v. Wright, 308 So. 2d 612 (Fla. 1st DCA), cert. denied, 322 So. 2d 913 (Ida.1975), however, as authority for an award of this type in a non-excess insurance case. We do not find that case persuasive by reason of its lack of factual analysis and different procedural context.7…
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Indus. Fire & Cas. Ins. Co. v. Romer, 432 So. 2d 66 (Fla. 4th DCA 1983)…l District Court holding in Escambia Treating Co. v. Aetna, 421 F.Supp. 1367 (N.D.Fla.1976). Apart from Campbell and Butchikas already alluded to, we are cited to two other Florida eases. The amicus brief refers us to World Insurance Co. v. Wright, 308 So. 2d 612 (Fla. 1st DCA 1975), in which the First District allowed an emotional distress claim because the conduct not only involved breach of contract but was “tortious.” A reading of this disability benefits decision reveals that the insurer therein sought…
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Allstate Ins. Co. v. Gibbs, 340 So. 2d 1202 (Fla. 4th DCA 1976)…ful and independent tort separate and distinct from the breach of contract. Masciarelli v. Maco Supply Corp., 224 So. 2d 329 (Fla.1969); Henry Morrison Flagler Museum v. Lee, 268 So. 2d 434 (Fla. 4th DCA 1972); see World Insurance Company v. Wright, 308 So. 2d 612 (Fla. 1st DCA 1975). An insuror’s bad faith refusal to settle a claim of its insured is not per se a willful and independent tort giving rise to a claim for damages. MacDonald v. Penn Mutual Life Insurance Company, 276 So. 2d 232 (Fla. 2d DCA 1973).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Miller v. Mut. OF Omaha Ins. Co. & Leo R. Edgerton, 235 So. 2d 33 (Fla. 1st DCA 1970)