[Download] "Woodworker''s Supply Inc. V. Principal Mutual Life Insurance Co." by Tenth Circuit U.S. Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Woodworker''s Supply Inc. V. Principal Mutual Life Insurance Co.
- Author : Tenth Circuit U.S. Court of Appeals
- Release Date : January 10, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
In this diversity action, Woodworker's Supply, Inc. (Woodworker) sued its former insurer, Principal Mutual Life Insurance Company, for unfair trade practices and fraud. The district court held that the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et. seq., bars claims arising after March 1, 1994, the effective date of the parties' agreement, but sent to the jury the claims arising prior to that date. The jury awarded Woodworker $221,000 based on Principal Mutual's violations of the New Mexico Unfair Insurance Practices Act, N.M. Stat. Ann. §§ 59A-16-1 et. seq., the New Mexico Unfair Practices Act, N.M. Stat. Ann. §§57-12-1 et. seq., and fraud in the inducement. Principal Mutual appeals, arguing that 1) ERISA preempts all of Woodworker's claims; 2) Woodworker improperly failed to disclose its damage theory prior to trial; 3) the evidence was insufficient to support the jury's findings of fraud, violations of the New Mexico statutes, and damages; and 4) Principal Mutual is entitled to contract damages resulting from Woodworker's failure to pay certain premiums. Woodworker cross-appeals, claiming that 1) the district court erred by not sending the issue of punitive damages to the jury; and 2) in refusing to award treble damages under the state statutes; 3) we should award Woodworker attorney's fees and costs on appeal; 4) and if we order a new trial, the jury should be permitted to consider conduct occurring after March 1, 1994. We affirm in part and reverse in part.