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the award, which brought the total actual damages and prejudgment
interest to $14,097,201 and the total actual and punitive damages
and prejudgment interest to $31,597,201. Postjudgment interest
of 10 percent per annum as provided by Texas law was ordered to
be paid on this total sum.
After the judgment was entered, Harte-Hanks moved for a new
trial, but its motion was denied on June 15, 1990. On August 3,
1990, Harte-Hanks appealed the case to the Court of Appeals for
the Fourth Court of Appeals District, San Antonio.3 However,
while the appeal was pending, the parties agreed to settle.
The Insurance Coverage
Harte-Hanks' insurance coverage, which insured it against
loss attributable to petitioner's claims against it, was
"tiered". That is, no insurance company provided coverage for
the full range of Harte-Hanks' potential liability; rather,
insurance was provided by several companies, and each insurance
company provided coverage for a defined level of liability. The
television station's insurance coverage was provided as follows:
Insurance Company Layer of Insurance Coverage
Lower Tier
Continental Casualty Co. (Continental) First $2 million
American Casualty Company1 Same as Continental
Mission Insurance Company (Mission) $2 million to $7 million
Western Employer's Casualty (Western) $7 million to $12 million
3 This case was styled Harte-Hanks Television, Inc. and
Harte-Hanks Communications, Inc. (Appellants) vs. Sudhir
Srivastava, M.D. (Appellee).
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