Bad Faith Blog
July 15, 2014
Mental Anguish, Emotional Distress, and Punitive Damages Denied, But a Second Chance at Contract Damages Allowed
Summary: Hurricane Katrina damaged the Hoover’s house and cabana. The usual question was whether the damage resulted from a covered wind loss or an excluded storm surge. The trial court’s directed verdict on part of the contract damages was reversed, but the directed verdicts disallowing the mental anguish, emotional distress, and punitive damages claims were affirmed. In addition, the plaintiffs’ expert’s roof structure testimony was allowed under Mississippi’s Daubert standard.