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DEMPSEY v. AUTO OWNERS INS. CO.

No. 82-7133.

717 F.2d 556 (1983)

Ben DEMPSEY and Jane B. Dempsey, Plaintiffs-Appellees, v. AUTO OWNERS INSURANCE COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 17, 1983.

Attorney(s) appearing for the Case

John H. Morrow, Macbeth Wagnon, Jr., Birmingham, Ala., for defendant-appellant.

Stephen D. Heninger, Alex W. Newton, Birmingham, Ala., for plaintiffs-appellees.

Before HATCHETT and CLARK, Circuit Judges and SCOTT, District judge.

PER CURIAM:

In this diversity case, we review a jury verdict of $3.1 million resulting from a fire loss claim, a "bad faith refusal to pay" tort claim, and punitive damages. We find the award excessive.

FACTS

Ben and Jane Dempsey lived in Eufaula, Alabama, and insured their home with Auto Owners Insurance Company (Auto Owners). On August 3, 1978, during the pre-dawn hours, fire destroyed their home. At the time of the fire, the house was unoccupied...

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