Moore v. Shelter Mutual Insurance Company
Filing
73
JUDGMENT in favor of Brent Moore against Shelter Mutual Insurance Company in the amount of $171,997.46 and interest at the rate of.11% per annum until paid, as set forth. Signed by Honorable Robert T. Dawson on April 29, 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
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, 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.
Plaintiff should
also have and recover of and from Defendant bad faith damages in
the amount of $93,000.00.
AO72A
(Rev. 8/82)
The entire judgment amount of $171,997.46, shall bear
interest from the date of this judgment until paid at the
current
post-judgment
Plaintiff’s
counsel
is
interest
directed
rate
to
of
0.11%
file
any
per
annum.
request
for
allowable fees and costs in accordance with Rule 54(d) of the
Federal Rules of Civil Procedure and Title 28, Section 1920 of
the United States Code.
Dated this 29th day of April 2014.
/s/Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge
AO72A
(Rev. 8/82)
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