Mental Anguish: $5 million
Punitive damages: $12 million
Legal Fees: $8.9 million
The jury's charge asked them to answer the following
questions:
1. Did Farmers engage in any unfair or deceptive
act or practice that caused damage to Melinda Ballard? Answer: YES.
2. Did Farmers engage in any false, misleading
or deceptive act or practice that Melinda Ballard relied on to her
detriment and that was a producing cause of damages to Melinda Ballard?
Answer: YES.
3. Did Farmers engage in any unconscionable action
or course of action that was a producing cause of damages to Melinda
Ballard? Answer: YES.
4. Did Farmers commit fraud against Melinda Ballard?
Answer: YES.
5. ONLY IF YES TO 4 or 5 -- Do you find by clear
and convincing evidence that the harm to Melinda Ballard resulted
from fraud? Answer: YES.
6. Did Farmers fail to appoint a competent, independent
appraiser? Answer: YES.
7. Was such failure excused? Answer: NO.
8. Do you find that the appraisal award was rendered
as a result of fraud, accident or mistake and that Farmers thereby
failed to comply with the insurance policy? Answer: YES.
9. IF YES TO 7 or 8: Was Farmers' failure to comply
excused? Answer: NO.
10. What sum of money, if any, if paid now in
cash, would fairly and reasonably compensate Melinda Ballard for
her damages, if any, that resulted from such conduct?
* The reasonable and necessary cost to
replace the home: Answer: $2,547,350.00
* Reasonable and necessary cost to remediate
the home: Answer: $1,154,175.00
* The reasonable and necessary cost to replace
contents of the home? Answer: $2,000,000
* The reasonable and necessary cost of past and
future additional living expenses? Answer: $350,000
* The reasonable and necessary costs of the appraisal
process: Answer: $176,000
11. IF YES TO 1, 2, or 3: Did Farmers engage
in any such conduct knowingly?
Answer: YES
12. IF YES TO 5 or 11: What sum of money, if any,
in addition to actual damages should be awarded to Melinda Ballard
against Farmers because Farmers' conduct was committed knowingly
and fraudulently?
Punitive: $12,000,000
Mental Anguish: $5,000,000
13. What is a reasonable fee for the necessary
services of Melinda Ballard's
attorney in this case, stated in dollars and
cents? Answer: $8,891,000
