Mealey's Litigation Procedure - Judge Orders Parties To File Supplemental Briefing As To Punitive Damages Issue

HAMMOND, Ind. - An Indiana federal judge on May 6 ordered primary and excess insurers and their insured to file supplemental briefing predicting how the Indiana Supreme Court would decide whether Indiana's public policy prohibits the insurability of punitive damages award assessed directly against a corporation on a gross negligence theory and whether the question should be certified to the high court (Auto-Owners Insurance Co., et al., Plaintiffs, v. Lake Erie Land Company, et al., No. 2:12-CV-184 JD, N.D. Ind.; 2014 U.S. Dist. LEXIS 62339).

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