Thomas Nickerson, Plaintiff and Appellant v. Stonebridge Life Insurance Company, Defendant and Respondent

Summary

The court held that attorney fees recoverable as damages for obtaining insurance benefits may be included in the constitutional comparison between punitive and compensatory damages even when the trial court determines the fees after the jury returns its punitive damages verdict. Because the postverdict timing of the fee determination does not limit judicial review under the constitutional punitive-damages guideposts, the court reversed and remanded. The court also indicated that an excessive punitive award should be reduced absolutely rather than conditionally subject to a new trial.