JESSICA MYERS, Plaintiff-Respondent, v. WORKMEN'S AUTO INSURANCE COMPANY, a California corporation, Defendant-Appellant., 140 Idaho 495

Summary

The insurance company had a contractual obligation to pay damages for which the insured was responsible due to an auto accident and to defend any claim. The insurance company breached its duty following the insured's auto accident and allowed a default judgment to be entered against the insured. The district court did not abuse its discretion in submitting the issue of punitive damages to the jury; there was substantial evidence supporting the award of $ 300,000 in punitive damages. The insurance company was not entitled to a judgment notwithstanding the verdict. The insured was not entitled to $ 444 in costs for jury books that were not admitted into evidence. The insurance company's substantial rights were not violated by the district court's denial of its motion to strike an expert's affidavit in support of the insured's claim for punitive damages. The district court properly excluded evidence of the insured's driving history.