Mazik
Mazik v. Geico Gen. Ins. Co.
Opinion
Lead Opinion
Lui, J.
*458 GEICO General Insurance Company (GEICO) appeals from a judgment against it awarding punitive damages to respondent Michael Mazik for GEICO's bad faith breach of an insurance contract. A jury concluded that GEICO unreasonably delayed paying its policyholder Mazik the policy limits of $ 50,000 on an underinsured motorist policy after Mazik was injured in a serious automobile accident. The jury awarded compensatory damages of $ 313,508 and punitive damages in the amount of $ 4 million. The trial court subsequently reduced the punitive damages to $ 1 million.
GEICO appeals only the punitive damages award. It argues that (1) the evidence is insufficient to show that any "officer, director, or managing agent" was involved in any act of bad faith ( Civ. Code, § 3294, subd. (b) ); 1 (2) even if a managing agent was involved, the evidence is insufficient to show that such an agent personally engaged in "oppression, fraud, or malice," or authorized or ratified such conduct by other employees, as required to support a punitive damages award ( ibid. ); and (3) the punitive damages award was excessive, even as reduced by the trial court.