Georgetown Realty Inc. V. Home Insurance Co‪.‬

This case involves an "excess claim"*fn1 by an insured against its liability insurer. Plaintiff's first claim was for damages for breach of contract in the amount of a judgment returned against it in an earlier case, less amounts paid by defendant under its liability policy, and for attorney fees. Plaintiff's second claim was for damages for "breach of fiduciary duty," "damage to its professional reputation," lost income and earning capacity, and punitive damages. The jury found for plaintiff on both claims and awarded punitive damages on the second claim. Defendant appealed, arguing that the second claim should not have been submitted to the jury and that the award of punitive damages should be reversed.*fn2