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Case No. 18-0809

Toby Thornton
American Interstate Insurance Company

Following retrial on remand from Thornton v. American Interstate Insurance Company, 897 N.W.2d 445 (Iowa 2017), defendant appeals from the district court judgment entered on a jury verdict awarding plaintiff compensatory and punitive damages in his action for first-party bad faith in connection with a workers compensation claim. Defendant contends: (1) the district court erred in failing to grant a judgment notwithstanding of the verdict and/or remittitur with respect to the compensatory damages; (2) the court erred in failing to grant a remittitur and conditional new trial with respect to the jury’s punitive damage award; and (3) in the event another trial is ordered, plaintiff’s attorney should be disqualified from serving as trial counsel and a damage issue should not be submitted to the jury.

Trial Court Case No.:


Toby Thornton


American Interstate Insurance Company

Attorneys for the Appellee

Tiernan T. Siems
Karen M. Keeler

Attorneys for the Appellant

Mark McCormick
Stephen H. Locher
Matthew D. Callanan

Supreme Court

Oral Argument Schedule


Dec 18, 2019 9:00 AM


Supreme Court Opinion

Opinion Number:
Date Published:
Feb 28, 2020
Date Amended:
May 06, 2020
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