The insured claimed for the theft of a vehicle under his automobile insurance policy.
The vehicle was later found submerged in water, and the insured's mechanic retrieved and completely dismantled it before the insurer could inspect it.
The insurer denied the claim for breach of statutory conditions.
At trial, a jury awarded the insured compensatory and punitive damages, finding the insurer wrongfully refused to pay and acted reprehensibly.
The Court of Appeal allowed the insurer's appeal, setting aside the punitive damages and costs, holding that the jury's verdict was unreasonable as the evidence clearly showed the insurer was denied a reasonable opportunity to inspect the vehicle and there was no evidence of malicious or high-handed conduct by the insurer.
