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JUSTIN v. GUARDIAN INS. CO., INC.

Civ. No. 1986/115.

670 F.Supp. 614 (1987)

Octave K. JUSTIN, Plaintiff, v. GUARDIAN INSURANCE COMPANY INC., Defendant.

United States District Court, D. Virgin Islands, St. Croix Division.

September 28, 1987.

Attorney(s) appearing for the Case

Jean-Robert Alfred, Law Offices of Jean-Robert Alfred, Christiansted, St. Croix, U.S. Virgin Islands, for plaintiff.

Michael A. Joseph, Law Offices of Michael E. Joseph, Frederick O. Ferrand, Law Offices of Wilfredo Geigel, Christiansted, St. Croix, U.S. Virgin Islands, for defendant.

MEMORANDUM and ORDER

DAVID V. O'BRIEN, District Judge.

We write today to clarify Virgin Islands law on the tort of bad faith. In addition, we reject a constitutional challenge to that tort; but we will require a greater evidentiary standard for the proof of punitive damages.

I. FACTS

The plaintiff, Octave Justin, procured liability and physical damage insurance on March 25, 1985 for his Ford taxi van through the defendant, Guardian Insurance...

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