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The Superior Court of Delaware, Kent has declined to bar evidence from the retrial of a jury decision that awarded the estate of a man who died at his worksite $500,000 in damages for a bad faith delay in paying out workers’ compensation benefits. The case Estate of Krieger v. AmGuard Insurance Co.2021 Del. Super. LEXIS 158.

The estate of Mark Krieger sued AmGuard for allegedly delaying payment for Krieger’s workers’ compensation benefits in bad faith. The jury found that AmGuard delayed investigation and payment of the claim in bad faith, and found that AmGuard “recklessly disregarded” the family’s rights, and ultimately awarded the estate $500,000 in punitive damages, even though only $28 in compensatory damages were awarded.

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