Background
Wharf Retail Properties, LLC sued Landmark American Insurance Company for breach of contract and bad faith related to an insurance policy covering properties damaged by Hurricane Sally. The jury determined that Landmark breached the agreement and calculated the damages. Wharf moved for a new trial, which the district court denied.
The court’s reasoning
The court considered all arguments raised by Wharf, including claims that the district court misled the jury, failed to inform the jury about damage subtractions, omitted a necessary question on the burden of proof, applied affirmative defenses twice, relied on unintended expert reports, and denied a new trial due to unsupported damage calculations. After careful consideration, the court found no reversible error in the district court’s proceedings.
What it means going forward
The decision upholds the jury’s damage award and the district court’s trial management, reinforcing the standard for finding reversible error in insurance contract disputes.