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

CHICAGO - 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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For further information contact:
Robert Detlefsen at rdetlefsen@namic.org
or (317) 875-5250

Founded in 1895, NAMIC is a full-service national trade association. NAMIC benefits member companies through advocacy, public policy and member services. Information about the association, its member companies and the property/casualty insurance industry can be found at NAMIC Online, www.namic.org.

PCI is composed of more than 1,000 member companies, representing the broadest cross-section of insurers of any national trade association. PCI members write $154 billion in annual premium, 38 percent of the nation's property/casualty insurance. Member companies write 47.1 percent of the U.S. automobile insurance market, 37 percent of the homeowners market, 31.2 percent of the commercial property and liability market, and 38.8 percent of the private workers' compensation market.