Greenberg

Greenberg v. Paul Revere Life Insurance

Good Law
91 F. App'x 539
United States Court of Appeals for the Ninth CircuitJanuary 12, 2004No. 02-16501; D.C. No. CV-99-00154-SRBCalifornia1,313 words

Opinion

Lead Opinion

MEMORANDUM **

Defendants, Paul Revere Life Insurance Company and its corporate affiliates (collectively, “Paul Revere”), appeal from the district court’s judgment following a jury verdict in favor of Plaintiff Gary Green-berg’s (“Greenberg”) claim of bad faith termination of disability benefits. Paul Revere argues that the district court committed various evidentiary errors, misinterpreted the type of damages available under Arizona law, and allowed an impermissible award of punitive damages. We have jurisdiction under 28 U.S.C. § 1291 and affirm the judgment.

I. The district court’s evidentiary rulings.

Paul Revere contends that the district court committed reversible error when it (a) admitted the testimony of Greenberg’s insurance industry expert, (b) excluded Paul Revere’s expert testimony about Greenberg’s demeanor during a deposition, and (c) excluded Paul Revere’s evidence of Greenberg’s website postings. We review evidentiary rulings for an abuse of discretion. Janes v. Wal-Mart Stores, Inc., 279 F.3d 883, 886 (9th Cir.2002).

First, the district court did not abuse its discretion in admitting the testimony of Greenberg’s industry expert, Donald Kelley. Contrary to Paul…

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