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· 3/2/1987

Gurule v. Illinois Mutual Life & Casualty Co.

Citations

  • 734 P.2d 85
  • 152 Ariz. 600
  • 1987 Ariz. LEXIS 143

How courts have described this case

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

  • noting that compensatory damages provide adequate deterrence “[i]f defendant did not act with an ‘evil mind’”
  • explaining that prior harmful conduct must be related to present acts, such that a defendant would know of the potential for injury
  • noting that punitive damages are warranted “only if the defendant’s conduct 15 or motive involves ‘some element of outrage similar to that usually found in crime’” 16 (citations omitted)
  • stating that the punitive damage standard “is satisfied by evidence that [the] defendant’s wrongful conduct was motivated by spite, actual malice, or intent to defraud,” or by the defendant’s “conscious and deliberate disregard of the interests and rights of others”
  • Bad faith award against insurance company upheld; insurer denied insured’s claim for disability benefits despite variance of medical opinions regarding insured’s disability
  • “At any rate, the distinction between preponderance of the evidence and clear and convincing evidence is unimportant here because we find the evidence insufficient to meet even the preponderance threshold.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Feldman, Gordon, Cameron, Holohan, Hays

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.