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Torts Keyed to Epstein
Price v. Hartford Accident and Indemnity Co
Facts
Gary Gardner was injured as a result of a drag race between the Plaintiff and another individual. Gardner brought suit against Plaintiff for $100,000 in compensatory and $25,000 in punitive damages. The Defendant, Plaintiff’s liability insurance company, claimed that it had no duty to defend or indemnify him for the punitive damage claim. Plaintiff’s policy with Defendant had a $1,000,000 limit and promised to pay for all sums he might become liable to pay. Plaintiff and his mother sought a declaratory judgment that the policy included punitive damages coverage. The trial court found against the Plaintiff, and Plaintiff appeals.
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