McKenzie v. Scottsdale Ins.
Jim McKenzie filed a breach of contract and bad faith action against his insurer Scottsdale Insurance Company when Scottsdale failed to pay a claim arising from the burglary of his business. After a jury trial, judgment was entered in favor of McKenzie awarding compensatory and punitive damages. McKenzie appeals and Scottsdale cross-appeals. McKenzie claims the trial court prevented him from presenting evidence affecting punitive damages by failing to take judicial notice of documents obtained from the Internet, to enforce a notice to appear for trial, or to continue the trial. Scottsdale claims the policy was void due to a material misrepresentation, and that there was insufficient evidence to support findings of bad faith, oppression or fraud. Scottsdale also claims evidentiary error and error in the award of attorney fees. Court remand the case for a trial of the amount of recoverable attorney fees. Otherwise, court affirm.
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