Brainard v. Trinity Universal Insurance Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that prejudgment interest is awarded to fully compensate the injured party, not to punish the defendant
• holding that prejudgment interest is awarded to fully compensate injured party, not to punish defendant
• holding that prejudgment interest is intended to fully compensate injured party, not to punish defendant, and stating, “We have consistently viewed prejudgment interest as falling within the common law meaning of damages”
• holding that contract liability under a UM/UIM provision in a policy does not arise until a judgment determines the liability of the tortfeasor in an amount exceeding its insurance coverage
• holding that a UM/UIM insurer has no contractual duty to pay benefits until after the liability of the other motorist and the amount of damages suffered by the insured are determined
• holding damages found by jury should be reduced by undisputed amount of partial payment in calculating interest

Source: CourtListener parenthetical corpus (CC0).