A Delaware court refused to prevent evidence from a retrial of a jury decision awarding the farm to a man who died at his workplace $ 500,000 in damages for a bad faith while paying compensation to workers.
In Krieger v. AmGuard Insurance Co the Supreme Court of Delaware in Dover on Thursday dismissed AmGuard's argument for excluding evidence and testimony from reconsideration.
Mark Krieger's property sued AmGuard for an alleged delay in bad faith in paying Mr. Krieger's workers' compensation benefits. A jury claimed that AmGuard "ruthlessly" ignored family rights according to court documents and awarded the farm $ 500,000 in damages.
AmGuard moved for judgment as a matter of law, or alternatively, for a new trial, and a court agreed to grant a new trial after ruling that the damages "shocked his conscience." The farm objected to the proposals on the grounds that the insurer did not oppose these objects in the first trial and therefore waived its rights.
The Supreme Court denied all AmGuard's proposals. in the first trial which suggested that managers "lit their cigars" with the money it contained from the estate were inflammatory, but the court held that the trial could not be "sanitized" to the extent required by the insurer and left it to the court for reconsideration to resolve any objections when they arise. The court also dismissed arguments to exclude references to "secrets", restrict testimony and extracts from other Delaware decisions in the review.