Eckenrode v Life of America Insurance Company - Assignment Example

Federal courts are only under jurisdiction to be charged with federal crimes, civil matters arising out of federal statutes and other cases between citizens who came from different states. State court on the other hand deals with the criminal and national matters which fall under local law. The said matters are not wholly reversed to federal courts. From the reading, this case was dismissed by the district court, and on appeal, it was reversed by judges United States Court of Appeals, Seventh Circuit in the presumption that the Supreme Court of Illinois would have done the same while citing several state decisions as guidance of judgment.

Question 2
The relevant facts that the court took into consideration in making their decision, In the opinion of the court “pain and suffering” and “mental suffering”, are core elements of damage. In that regard, they lead to a personal injury as well as malicious prosecution cases. Therefore, the failure of the insurer to the owner of the insurance contract caused the plaintiff to suffer emotionally due to them that she was in dare need of money to support her family, thus inviting the “compromise” of her claim.

Question3
The issue is whether the plaintiff is the beneficiary of the estate. That is insurance policy cover of her deceased husband suffered any loss as a result of denial compensation by the insurer on her bide thereof. The court also adopted an objective standard to measure the severe emotional distress suffered by the plaintiff due to the variation of mental consequences suffered by individuals in justification of their decision.
Question 4This case is governed by Illinois law as abases in determining the matter at hand in recover the damages suffered by the plaintiff due to severe distress.

There are also some cases of this similar which have been handle by the supreme court of Illinois, it now becomes prudent to make such presumption based on references thereto.
Question 5The information in paragraph 8 has been organized in a way that produces a clear picture in elaborating the issue and facts that would substantiate the matter alleged. The connector; “as to the reason that” has been used to transition from one element of other parts of the paragraph to another.
Question 6The mental disorder is unqualified of financial measure as opposed to the reaction of the court that mental distress is rudiments of damage.

Question 7
The facts in the 1961 Kanierim case were a bit similar to those in the case is determined. An intentional cause of severe emotional distress is outrageous conducts resulting in tort.
Question 8
The California court case of Siliznoff, Crisci, and Fletcher are very precedence in determining the alleged act of insurer in the law of tort. In these cases, the judgment was affirmed by the supreme court of California where the damage of $25,000 was paid in compensation of mental suffering caused by the insurance company in their refusal to the owner the settlement within the limit of the liability policy.

Question 9. Outrageous conduct caused by defendant.2. The conduct must be intentional and reckless.3. The emotional suffering caused must be a result of the conduct.