- 23 - damages,12 and the remaining $817,884 is allocated to prejudgment and postjudgment interest. Finally, the $3 million paid by Columbia and Hudson to settle their liability for coverage between $12 million and $22 million is allocated entirely to prejudgment interest and punitive damages. At this level, all of the $11,500,000 in actual damages has been exhausted, in addition to $500,000 of prejudgment interest and all of the postjudgment interest. Furthermore, the settlement amount of $3 million for $10 million of liability ($22 million minus $12 million) reflects the diminished likelihood of petitioner's recovering damages and interest in an amount above $12 million if the case was appealed. Extending respondent's alternative method of allocation, we find that of the $3 million paid by Columbia and Hudson, $629,160 was paid in lieu of prejudgment interest, and $2,370,840 was paid in lieu of punitive damages.13 12 This amount is calculated by multiplying the $2,400,000 paid by Harte-Hanks by $4,500,000 of remaining actual damages divided by the sum of the $4,500,000 (actual damages), $500,000 (prejudgment interest), and $1,826,301 (postjudgment interest). 13 In the alternative allocation scheme, respondent assumed that the prejudgment interest would be paid before the punitive damages. The prejudgment interest totaled $2,597,201, of which $500,000 was already settled out of the $2,400,000 payment by Harte-Hanks. Columbia and Hudson would therefore pay the balance of the prejudgment interest, $2,097,201, before they paid any punitive damages. The portion of Columbia's and Hudson's payment allocated to interest is calculated by dividing the balance of the prejudgment interest by Columbia's and Hudson's total liability, $10 million, (continued...)Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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