Insurers Urge U.S. Supreme Court to Change Utah Ruling in Landmark Punitive Damages Case

September 9, 2004

The National Association of Mutual Insurance Companies (NAMIC) and the Property Casualty Insurers Association of America (PCI) have filed an amicus brief urging the U.S. Supreme Court to consider a remand of a second Utah Supreme Court judgment on punitive damages in the case of State Farm Mutual Automobile Insurance Company v. Campbell and Inez Preece Campbell.

In 2002, the Utah Supreme Court awarded punitive damages of $145 million, with compensatory damages of $1 million in a case that involved an auto crash. On appeal the U.S. Supreme Court ruled in that the special damage award was far in excess of what would be permitted by the Constitution’s Fourteenth Amendment’s Due Process Clause. The case was remanded to the Utah Supreme Court to reconsider its decision to make it consistent with the Federal Supreme Court’s ruling.

In its decision following the remand, the Utah Supreme Court awarded punitive damages of $9 million to the plaintiffs, raising the issue of whether the U.S. Supreme Court’s decision was correctly followed.

“The Utah Supreme Court flouted this Court’s opinion and mandate, disregarding the Court’s carefully reasoned conclusion…and the proper proportion between punitive and compensatory damages in this case,” the associations’ brief said.

The brief also argues that, “the ‘devastating potential for harm’ posed by arbitrary and excessive punitive damages awards…is revived and exacerbated by the Utah Supreme Court’s decision. It is thus critical that this (U.S. Supreme) Court correct that decision, not only to ensure compliance with its mandate in this case, but to ensure the continuing vitality of the constitutional standards for review of punitive damages.”

Speaking on behalf of their members, the associations maintain that such an outrageous award could impact future punitive damage cases involving other insurers.

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Latest Comments

  • September 13, 2004 at 6:16 am
    malcontrent says:
    Insurers appeal this decision at their peril. When State Farm defrauded its customers, the victims included every secondary carrier that must make up the difference. First-p... read more
  • September 10, 2004 at 3:03 am
    Sage Gecko says:
    As long as judges believe it is their right to rewrite existing or case law we will be burdened with this issue. Did the judges review the existing laws and cases and rule oth... read more
  • September 10, 2004 at 12:39 pm
    glenn parmley says:
    sounds like utah has supreme court that we use to have in our state. finally thru the electoral process the judges were replaced and we have more balance, however the trial la... read more
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