MIC Life Insurance Co. v. Hicks


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Docket Number: 1998-CT-01217-SCT
Linked Case(s): 1998-CA-01217-COA ; 1998-CT-01217-SCT
Supreme Court: Opinion Date: 07-25-2002
Opinion Author: SMITH,
Holding: AFFIRMED IN PART AND REVERSED AND REMANDED IN PART -
Additional Case Information: Judge(s) Concurring: PITTMAN, C.J., WALLER, COBB AND CARLSON, JJ.,
Judge(s) Concurring Separately: EASLEY, J., CONCURS IN PART AND DISSENTS IN PART
Dissenting Author : DIAZ, J.,
Dissent Joined By : McRAE, P.J., AND GRAVES, J. EASLEY, J., JOINS IN PART.
Procedural History: Jury Trial
Nature of the Case: Contract
Trial Court: Date of Trial Judgment: 06-19-1998
Appealed from: Jones County Circuit Court
Judge: Billy Joe Landrum
Disposition: At the conclusion of a trial, the judge directed a verdict against both MIC Life and GMAC for the unrefunded premium as actual damages. The jury then awarded a total of $36 million in punitive damages ($30 million against GMAC and $6 million against MIC Life). Upon motion, the trial court remitted the awards to $5 million and $1 million respectively. On appeal, the Court of Appeals found that a jury issue existed regarding the liability of GMAC for the unrefunded insurance premium and thus, that a directed verdict was inappropriate. In addition, the Court of Appeals found the punitive damage award against MIC Life should be reversed as a result of prejudicial trial errors, but affirmed the compensatory damage award as to MIC Life.
Note: PITTMAN, C.J., WALLER, COBB AND CARLSON, JJ., CONCUR. EASLEY, J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION. DIAZ, J., DISSENTS WITH SEPARATE WRITTEN OPINION JOINED BY McRAE, P.J., AND GRAVES, J. EASLEY, J., JOINS IN PART.
  Party Name: Attorney Name:  
Appellant: MIC LIFE INSURANCE COMPANY AND GENERAL MOTORS ACCEPTANCE CORPORATION




 JESS H. DICKINSON KATHARINE MALLEY SAMSON ANDREW L. FREY R. WEB HEIDELBERG JAMES GARFUS THORNTON



  
Appellee: BETTYE HICKS, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF DAVID E. HICKS, DECEASED A. REGNAL BLACKLEDGE JOHN M. DEAKLE JOHN MICHAEL SIMS WILLIAM R. COUCH PAUL BRYANT CASTON  


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