Gonzalez v. Allstate Ins. Co‪.‬

The opinion of the court was delivered by Plaintiff Jackie Gonzalez brought this action against Allstate Insurance Company, with whom he had an automobile collision policy, claiming it had defrauded him in repairing his car after an accident. His complaint is that the company, unbeknown to him, had the repair shop substitute used parts for the new ones he thought would be installed. A jury awarded him $1,500 in actual damages and $25,000 in punitive damages. On Allstate's posttrial motion the trial court set aside the award of punitive damages, finding that plaintiff's evidence fell short of the clear and convincing standard required to prove fraud. It did find it sufficient to establish a contract to repair which was [217 Kan. 263]