Moore v. Shelter Mutual Insurance Company
Filing
103
AMENDED JUDGMENT in favor of Brent Moore against Shelter Mutual Insurance Company in the amount of $78,997.46 and interest at the rate of.11% per annum until paid. Signed by Honorable Robert T. Dawson on July 17, 2014. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
BRENT MOORE
PLAINTIFF
v.
Civ. No. 13-2092
SHELTER MUTUAL INSURANCE COMPANY
DEFENDANT
AMENDED JUDGMENT
On the 10th day of March, 2014, this matter came on for
trial to a duly selected jury consisting of eight members, the
Honorable Robert T. Dawson presiding. The trial continued until
March 13, 2014, when the case was submitted to the jury on
interrogatories and a unanimous verdict was reached as follows:
INTERROGATORY NO. 1:
Do you find from a preponderance of the evidence that
Shelter is liable to Brent Moore on his underinsured motorist
coverage claim as set forth in Instruction No. 11?
X
YES
NO
INTERROGATORY NO. 2:
State
the
amount
of
damages
you
find
Brent
Moore
is
entitled to from Shelter on his underinsured motorist coverage
claim.
AO72A
(Rev. 8/82)
Answer: $50,000.00
INTERROGATORY NO. 3:
Do you find from a preponderance of the evidence that
Shelter acted in “bad faith” in an attempt to avoid liability or
a just obligation under its policy issued to Brent Moore as set
forth in Instruction No. 12?
X
YES
NO
INTERROGATORY NO. 4:
State the amount of damages you find from a preponderance
of the evidence were sustained by Brent Moore as a result of
Shelter’s “bad faith”.
Do not include any damage amounts you
provided in your answer to Interrogatory No. 2, if any.
Answer: $93,000.00
In accordance with this verdict and the Memorandum Opinion
and Order of July 17, 2014, setting aside the jury verdict on
Plaintiff’s bad faith claim, it is HEREBY ORDERED AND ADJUDGED
that Plaintiff should have and recover of and from Defendant
$50,000.00 on his UIM claim, plus pre-judgment interest on the
$50,000.00 from August 29, 2006, through the date of this
judgment at a rate of 6% per annum for a total of $22,997.46, as
well as the 12% penalty pursuant to Ark. Code Ann. § 23-89-208
in the amount of $6,000.00.
AO72A
(Rev. 8/82)
The
entire
judgment
amount
of
$78,997.46,
shall
bear
interest from the date of this judgment until paid at the
current post-judgment interest rate of 0.11% per annum.
Dated this 17th day of July 2014.
/s/Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge
AO72A
(Rev. 8/82)
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