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With only $28 in compensatory damages awarded, the court found that $500k in punitive damages was excessive, particularly when plaintiffs' counsel used shockingly inflammatory language during the trial. (Credit: Studio Romantic/Shutterstock.com) With only $28 in compensatory damages awarded, the court found that $500k in punitive damages was excessive, particularly when plaintiffs’ counsel used shockingly inflammatory language during the trial. (Credit: Studio Romantic/Shutterstock.com)

An attempt to bar evidence from a retrial of a jury decision was declined by the Superior Court of Delaware, Kent, in a case stemming from a bad faith delay in paying out a workers’ comp claim following a worksite death.

The estate of Mark Krieger sued AmGuard for allegedly delaying payment for Krieger’s workers’ compensation benefits in bad faith. The jury found that AmGuard delayed investigation and payment of the claim in bad faith and found that AmGuard “recklessly disregarded” the family’s rights. Ultimately, the jury awarded the estate $500,000 in punitive damages even though only $28 in compensatory damages were awarded.

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Hannah Smith

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America's Claims Executive Virtual Leadership Forum & Expo 2021Event

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