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Koeppel v. John O. Bronson Co. CA6
A jury found insurance broker John O. Bronson Co., Inc. (Bronson) liable to gallery owner Gary Koeppel for damages resulting from an insurance carrier’s denial of a dealer fine art policy claim. On appeal, defendant Bronson argues that the trial court erred by (1) instructing the jury on a “special relationship” duty, (2) recognizing a duty to advocate, and (3) allowing evidence of defendant’s insurance liability coverage. Defendant also challenges (4) plaintiff’s standing to sue on behalf of a limited liability company, (5) damages awarded for emotional distress, (6) attorney’s fees awarded under the tort of another doctrine, (7) damages awarded for damaged posters by artist Herb Kane, and (8) the prejudgment interest rate. We find no error as to the standing, duty, emotional distress, and attorney’s fees issues. But we find that the damages award for the Kane posters is not supported by substantial evidence and that the trial court applied the wrong interest rate to

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