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$36.4M awarded in lawsuit Jury sides with family, says man died with policy; company says verdict will be appealed By Jimmie E. Gates jgates@clarionledger.com The family of a McComb doctor says he died in 1999 believing he had purchased a $1 million life insurance policy. However, Prudential Insurance Co. said a policy never existed, court papers say. The four children of Dr. Edsel Stewart sued Prudential Insurance Co., Prudential Life Insurance Co., Pruco Life Insurance Co., agent James Bateman and others in 2002, claiming breach of contract for not honoring the policy. A Hinds County Circuit jury in Jackson this week backed the children's claim, handing down one of the largest jury awards in the county since a Biloxi funeral home owner won a $500 million award in 1995. The lawsuit was filed before the state put a cap on jury awards beginning in January 2003. On Wednesday night, the jury awarded $1.4 million in compensatory damages and $35 million in punitive damages against Prudential. The insurance agent was assessed damages of $9,600. Prudential spokesman Bob DeFillippo said the verdict will be appealed. "We believe the verdict was unfair and excessive," DeFillippo said. Prudential said in court papers it had no knowledge of any agreement the agent may have had with the elder Stewart. The Clarion-Ledger was unable to reach Bateman. His attorney, James Holland, was out of town Thursday and also couldn't be reached. "My father gave the insurance agent a check and signed papers," said Dr. Larry Stewart of McComb. "He said he had bought insurance." Larry Stewart said shortly after his father gave the agent money for a policy, the elder Stewart had a stroke, lapsed into a coma and died about seven weeks later at age 73. "He went to his grave believing he had insurance," Stewart said. "We feel very pleased with the jury verdict. We feel our father was vindicated."
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