Loetta L. Cathey, Plaintiff/appellee/cross-appellant, v. Western Farm Bureau Life Insurance Company,defendant/appellant/cross-appellee, 949 F.2d 401 (10th Cir. 1991)

Appellant Western Farm Bureau Life Insurance Company ("Western") appeals from a jury verdict on claims for breach of contract and breach of the duty of good faith and fair dealing, and for punitive damages. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

Western makes seven arguments on appeal: (1) the district court wrongfully denied Western's directed verdict motion on the claim for breach of the duty of good faith and fair dealing; (2) Western's motion for directed verdict on the punitive damages claim was erroneously denied; (3) the district court erroneously allowed the punitive damages issue to be submitted to the jury without limitation to the actual damages awarded; (4) the district court erred in qualifying the plaintiff's witness as an expert; (5) the punitive damage award violates constitutional safeguards guaranteed to Western by the United States Constitution and the Constitution of the State of Oklahoma; (6) the district court erred in granting prejudgment interest to the plaintiff based on her tort action for breach of the duty of good faith and fair dealing; and (7) the district court erred in enhancing the plaintiff's attorney fee award.

Loetta Cathey brings a cross-appeal, and argues that the district court erred in computing the award of attorneys' fees based on an hourly rate of $100, when expert testimony showed that Cathey's attorneys were entitled to an hourly rate of $150.

After reviewing the record, we affirm the district court in all respects, including the district court's order of December 19, 1990, granting attorneys' fees and prejudgment interest.

AFFIRMED.