Mississippi Judge Explains Punitive Damages Dismissal

July 7, 2008

A Mississippi judge says a Pascagoula couple’s lawsuit against its insurer in a Hurricane Katrina damage did not qualify for punitive damages.

On June 27, a Jackson County jury ruled that USAA insurance owed retired Navy Admiral James and his wife an additional $909,000 from their homeowners insurance policy for wind damage.

However, Circuit Judge Billy Bridges then ruled punitive damages would not be considered in the case.

In an order expanding on the punitive damages ruling, Bridges said the insurer, USAA, did not act with malice, gross negligence or fraud in handling the claim of the Lisanbys.

The Lisanbys have filed a motion asking Bridges to reconsider punitive damages.

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