Progressive West Insurance Com v. Craig Tiscareno

MEMORANDUM

Progressive West Insurance Company (“Progressive”) appeals from a final judgment entered by the district court in favor of Craig Tiscareno and Teresa Tiscareno. The district court entered judgment after a jury found, in a special verdict, that Progressive had unreasonably failed to accept the Tiscarenos’ settlement demand. Progressive contends that the district court erred in denying its pre-verdict motion for judgment as a matter of law, and argues that the jury’s verdict is not supported by sufficient evidence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court’s judgment.

“[A] post-verdict motion under [Federal Rule of Civil Procedure] 50(b) is an absolute prerequisite to any appeal based on insufficiency of the evidence.” Nitco Holding Corp. v. Boujikian, 491 F.3d 1086, 1089 (9th Cir.2007); see also Unitherm Food Sys., Inc. v. Swift-Eckrich, Inc., 546 U.S. 394, 400-01 , 126 S.Ct. 980 , 163 L.Ed.2d 974 (2006). Because Progressive failed to file a post-verdict Rule 50(b) motion, Progressive has forfeited its right to challenge the jury’s verdict based on sufficiency of the evidence. In the absence of a Rule 50(b) motion, an “appellate…