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Carrier Can't Bifurcate Liability from Punitive Damages in Bad Faith Litigation

By WorkCompCentral

Monday, May 17, 2021 | 0

A Delaware Superior Court judge denied an insurance carrier’s request to bifurcate the issues of liability and compensatory damages from the issue of punitive damages in a worker’s bad faith claim. Case: Moyer v. American Zurich Insurance Co., No. K19C-09-026 JJC, 05/07/2021, published. Facts: Michael Moyer worked for CBRE. He suffered an electric shock while troubleshooting a heat pump on March 5, 2019. CBRE submitted a claim to its workers’ compensation insurance carrier, the American Zurich Insurance Co., on the day of the accident. Zurich sent a letter to Moyer the nex...

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