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DECHANT v. MONARCH LIFE INS. CO.

No. 93-2220.

204 Wis.2d 137 (1996)

554 N.W.2d 225

Keric T. DECHANT, Plaintiff-Respondent, v. MONARCH LIFE INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 14, 1996.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Eliott R. Good of Chorpenning, Good & Mancuso Co., LPA of Columbus, Ohio, and Alan Derzon of Derzon, Menard & Noonan, S.C. of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Thomas W. St. John and S. Todd Farris of Friebert, Finerty & St. John, S.C. of Milwaukee.

Before Anderson, P.J., Brown and Snyder, JJ.

BROWN, J.

The jury found that Monarch Life Insurance Company acted in bad faith when it terminated Keric T. DeChant's total disability benefits. It awarded compensatory damages, punitive damages and attorney's fees totaling over $2.5 million. Below we primarily address Monarch's claim that the trial court erred in law when it found that Monarch had "repudiated" the policy and thus it had the discretionary authority to give DeChant a present value, lump-sum distribution...

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