WRANSKY v. DALFO

No. 4D00-2646.

801 So.2d 239 (2001)

Joseph A. WRANSKY, Appellant, v. Clorinda V. DALFO and Ahmanson & Company, d/b/a Home Savings of America, Appellees.

District Court of Appeal of Florida, Fourth District.

December 12, 2001.


Attorney(s) appearing for the Case

Dennis A. Vandenberg of Peterson, Bernard, Vandenberg, Zei, Geisler & Martin, and Jane Kreusler-Walsh and Rebecca J. Mercier of Jane Kreusler-Walsh, P.A., West Palm Beach, for appellant.

Christopher M. Larmoyeux of Christopher M. Larmoyeux, P.L., and Edna L. Caruso of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for appellees.

Elizabeth K. Russo of Russo Parrish Appellate Firm, Miami, and Jay Green of Green & Ackerman, P.A., Fort Lauderdale, for intervenor Continental Casualty Company.


WARNER, J.

In appealing a $7.5 million punitive damages award, which it claims is excessive, the defendant's insurance company raises two issues: (1) whether a chose in action for an insurer's failure to pay a punitive damages award may be considered as part of a defendant's net worth when calculating a punitive damages award; and (2) whether the trial court erred in refusing to give a requested instruction informing the jury that it could not award an amount that...

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