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HEIL CO. v. EVANSTON INS. CO.

No. 11-6252.

690 F.3d 722 (2012)

The HEIL CO., d/b/a Heil Environmental, Plaintiff-Appellee, v. EVANSTON INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 3, 2012.

Attorney(s) appearing for the Case

ARGUED: Michael J. King , Woolf, McClane, Bright, Allen & Carpenter, PLLC, Knoxville, Tennessee, for Appellant. M. Todd Lowther , Balch & Bingham LLP, Birmingham, Alabama, for Appellee. ON BRIEF: Michael J. King , W. Kyle Carpenter , Latisha J. Stubblefield , Woolf, McClane, Bright, Allen & Carpenter, PLLC, Knoxville, Tennessee, for Appellant. M. Todd Lowther , R. Bruce Barze, Jr. , Balch & Bingham LLP, Birmingham, Alabama, for Appellee.

Before: SILER and KETHLEDGE, Circuit Judges; MURPHY, District Judge.

OPINION

STEPHEN J. MURPHY, III, District Judge.

Evanston Insurance Company ("Evanston") appeals the denial of its post-trial motion for judgment as a matter of law, or in the alternative to alter or amend the judgment. For the following reasons, we VACATE the jury's verdict on The Heil Company's claim for bad faith failure to settle and the associated $2 million punitive damages award, and REMAND...

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