In Re Marriage of Pamela and Joseph M. Kelley. Pamela Kelley

On May 24, 1983, plaintiff and respondent Multiplex Insurance Agency, Inc., filed a complaint for breach of fiduciary duty, tortious breach of implied covenant of good faith and fair dealing and breach of contract naming appellant California Life Insurance Company as defendant. The complaint was based upon appellants refusal to pay respondent certain commissions purportedly due under the contract appointing respondent as a nonexclusive general agent for the sale of appellants insurance policies. The jury with two jurors dissenting returned a general verdict in respondents favor, awarding respondent $9,377.71 in general damages and $100,001 in punitive damages. Judgment was entered accordingly. Appellant moved unsuccessfully for a new trial and for judgment notwithstanding the verdict. After appellants motions were denied, it filed a timely notice of appeal.