Case Summary

0863 DEPUBLISHED A trial court's order granting a new trial should be affirmed so long as there is substantial evidence to support it; in ordering a new trial, limiting the issues to be tried is an abuse of the trial court's discretion if there is a possibility of prejudice to either side; retrial of a punitive damages claim cannot be limited to the amount of damages; punitive damages may be awarded upon clear and convincing evidence of despicable conduct; despicable conduct may consist of a series of actions no one of which would be despicable alone; the intent to inflict economic damage may result in liability for emotional distress, even though no economic damage resulted; the conduct of an independent adjuster does not justify a punitive damages award against the carrier that employed him/her, unless the carrier directed, knew, or approved of the adjuster's acts; an independent adjuster cannot be liable for breaching the covenant of good faith and fair dealing implied in the insurance policy.

STONE v NEW ENGLAND INS (Anti Semitic Adjuster) 33 CA4 1175 [See: Foley v Interactive 47 C3 654; CivC 3294, 3295(d); Stewart v Truck 17 CA4 468, T/AT 10/93; Martinides v Mayer 208 CA3 1185; Jiminez v Sears 4 C3 379; Liodas v Sahadi 19 C3 278]