Max Huber v. Standard Insurance Company

Max Huber (“Huber”) filed a complaint in state court against his former employer, Standard Insurance Company (“Standard”), seeking compensatory and punitive damages for (1) wrongful discharge, (2) breach of the covenant of good faith and fair dealing, (3) intentional infliction of emotional distress, and (4) breach of contract concerning payment of commissions. The action was removed to federal court on the basis of diversity jurisdiction. After discovery was completed, Standard filed a motion for summary judgment. The district court granted partial summary judgment dismissing the first three causes of action and striking the claim for punitive damages. The parties subsequently settled the fourth cause of action. Huber appeals the grant of summary judgment as to the second and third causes of action and as to the striking of the claim for punitive damages.

We reverse the district court’s grant of summary judgment as to the second and third causes of action and as to striking the claim for punitive damages.

BACKGROUND

Huber and Standard entered into a written employment contract effective on November 20, 1973. According to this contract, Huber was employed by Standard as agency…