For insurers, the risk posed by issuing additional limits is mitigated by the shared limit feature of puni-wraps. ]+xW oe!_~z;cv\@=_sGM?07? (4";d\)+Dd=W|*?A&=A/?% In several states, some or all of the punitive damages allocation would go to the state, not the plaintiff. The insurability of punitive damages varies widely by state, as does the way each state allows or limits punitive damages. 4 NEB. However, there can be situations where the circumstances surrounding a breach of contract involve a tort thats capable of resulting in punitive damages. Courts may consider the ratio of punitive damages to compensatory damages when estimating the fairness of a punitive damage award. It seems clear that juries will not be afraid to put smaller defendants out of business by awarding punitive damages if doing so will right the perceived injustice that the defendant caused to the plaintiff or society as a whole. As the name would suggest, punitive damages are used in civil litigation to punish defendant tortfeasors. Only 30% of the verdicts listed in Table 2 included punitive damage awards. Other states, such as Florida13, California14, New York15 and Illinois16, do not condone insurance recovery for directly assessed punitive damages. Punitive damages are generally not awarded in breach of contract cases. Insurance coverage counsel look at damages issues through a different lens than defense or plaintiff's counsel, and can help set the stage for productive settlement talks. WebIf the plaintiff is going to prevail on a punitive damages claim, he or she can only do so by establishing malice, oppression or fraud by clear and convincing evidence. Unpredictability combined with severity makes punitive damages difficult to underwrite. For example, a given case may have the following facts in relation to the questions posed above: In this scenario, a court determining whether a punitive damages award is covered by a policy containing a MFN clause would apply Alabama law, since that is the only law out of the four options in the MFN provision that allows for insurance coverage of punitive damages. Co., et al ., No. Copyright 2023 WTW. Some of these states require that the money be paid into the state treasury, while others require that the money be designated for specific state-operated funds. This is the case with many consumer protection statutes. Third, a final award for punitive damages is paid by the insured. Moreover, in all states plaintiffs are taxed on punitive damages, whereas they are not taxed on compensatory damages for bodily injury or property damage.4 The fact that a plaintiff can immediately take home the entire settlement sum (minus attorneys fees) is one reason why plaintiffs are usually incentivized to settle, versus taking a case to trial and typically receiving a lower value than a potential trial verdict. It is a policy that only covers punitive damages. Concern about punitive damages that run wild has existed in Missouri since the states supreme court struck down a cap on such damages in 2014 for tort actions that existed at common law. Reprinted with permission from the November 11, 2011 issue of The Recorder. WebAs a general rule, punitive damages are not insurable under California law. %
WebUnder California law, plaintiffs are allowed to recover punitive damages in cases where they can prove their injuries were caused by the defendant's malice, oppression, or fraud. They can be awarded by courts and juries. The treatment of punitive damages should be addressed on casualty placements. Some states allow an award of punitive damages on a showing of intent that does not offend California public policy (e.g., recklessness or gross disregard). Punitive damages are not available in every state. 3945 925 Copyright Judicial Council of California If the defendant acted with intent to harm, there is no punitive damages cap. If youre contemplating bringing a personal injury case, speak with an experienced personal injury attorney to see if you should be seeking punitive damages. Insurance is a creature of state law; as such, the question of the insurability of punitive damages varies by state. Not subject to the jurisdiction of US courts, Bermuda Form policies specifically define covered Damages to include punitive damages. Settlements do not contain punitive damages
82704-9-I, 2022 WL 17246715 Winter, spring, summer, fire season, and fall as Californians, we have all become accustomed to a fifth season fire season. Statutes that provide for damages multipliers will also draw insurer objections that any multiplied portion is penal and not covered. This is an issue that may not be relevant to the defense of the case, where the prime concern may simply be: How much? For example, statutory remedies often provide for the payment of a specific amount for each violation. The Seventh Circuit noted that all the aims of punitive damage awards must be taken into consideration. Burden of proof and heightened standard for punitive damages defined. Editorial Note: We earn a commission from partner links on Forbes Advisor. Not only is using MFA a sound security practice and good business,it is frequently Join Carly Alameda and Amy Briggs in the discussionon "The Fine Print: A Litigators Perspective on Boilerplate Contract and Insurance Provisions" to the ACC Bay Area Chapter.
<>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
Option 1: Affirmative punitive damages coverage in a commercial general liability (CGL) policy
The cap is $500k or two times the compensatory damages in cases when the defendant acted with intentional malice. Michigan, Nebraska, Washington, and Puerto Rico do not allow for punitive damage awards. Policyholders looking to insurance money to settle cases need to understand that defense counsel may not be sensitive to the insurance implications of how damages are characterized. H$~o@'x+f|.%.I{^`D`.>ehijxRAm55`[ddI eoQYN3N24$~Gh^jI}dB]^3\r(C%Rw`Tn(E4-3E-PL,pD$szIxa8D-/? To help support our reporting work, and to continue our ability to provide this content for free to our readers, we receive compensation from the companies that advertise on the Forbes Advisor site. Unfortunately, for purposes of this article, the case between Walmart and its insurers settled out of court, so we do not know how a court would have ruled in this novel coverage situation. Perceptions about growing wealth disparities, a changing jury pool and desensitized jurors are contributing factors to the prevalence and severity of these awards. Commonly, punitive damages cant be awarded for a simple breach of contract, but can be awarded in cases such as insurance company bad faith when the Alaska The cap is $250k or three times the compensatory damages, whichever is greater. Payments for punitive damage awards are often made by the offshore carrier to the insureds Bermudian-based broker, and the insured exercises its own discretion regarding repatriation of the punitive wrap claim payments. A third option for procuring insurance coverage for punitive damages is buying a punitive wrap (puni-wrap) policy. Co. v. Shearson Lehman Hutton, Inc., 84 N.Y.2d 309 (N.Y. 1994) After a jury renders a large verdict, the judge will apply an applicable cap to reduce the size of the award to the cap amount. The Forbes Advisor editorial team is independent and objective. Property Damage. These courts find that the inclusion of punitive damages, which is meant to punish wrongdoers and deter misconduct, exceeds the scope of liability policies, which are meant to compensate for bodily injury or property damage. When Walmart sued its insurers, the insurers sought discovery from Morgan to show that his injuries were not serious enough to warrant the compensatory settlement paid by Walmart. Punitive damages are a form of punishment against a defendant for certain wrongful acts. Punitive damages are damages that are awarded in addition to contemporary damages. Compliance with data privacy regulations such as the 2023 Farella Braun + Martel LLP, All Rights Reserved. This situation occurred in 2015 when Walmarts liability insurers refused to reimburse Walmart for a settlement emanating from a 2014 accident between a Walmart truck and a vehicle with Tracy Morgan as a passenger. An MFV/MFJ endorsement provides coverage for punitive damages under the law of any jurisdiction most favorable to honoring the contractual intent of the insurer and insured, where the insurability is otherwise prohibited by law, statute or public policy. In most cases, this involves a situation where there The amount of compensatory damages awarded or actual harm suffered by the plaintiff. The same is true with respect to how damages are characterized. 4 0 obj
With the exception of fines and penalties, the Bermuda Form policy covers all types of damages, both compensatory and punitive in nature. The cap is 2% of the defendants net worth if the defendants net worth is less than $50m. In order to obtain a punitive damage wrap quote, a domestically issued quote is sent by a Bermudian broker to the insurers offshore affiliate, which will issue a punitive wrap policy for the limits listed in the domestic quote, in exchange for a premium. A few cases have held that in such instances the plaintiffs' fee award falls within the policy's supplementary payments provision, making them payable in addition to the limits of liability. In personal injury cases with real punitive damage exposure to the defendant, an insurer that does not provide coverage for punitive damages may resist settling a case for a large sum that arguably reflects uncovered punitive damages, along with the compensatory damages, even where the settlement itself does not expressly label the damages. For example, if the controlling policy has a $10 million per occurrence limit, the puni-wrap policy will also have a $10 million per occurrence limit. 3943, Punitive DAMAGES CACI No. In 2018, for example, a jury in Harris County, Texas, rendered a plaintiffs verdict in a trucking case for $89,050,000 in compensatory damages and $0 in punitive damages.7 Though the jury did not formally award punitive damages, the pain and suffering figure clearly reflected the jurys anger and their desire to punish the defendant. So while an MFN clause is better than nothing to ensure coverage for punitive damages, uncertainties remain and there is no guarantee that a punitive damages award rendered against the insured will be covered under such wording.
Even where there are no caps on punitive damages in a given state, there is Supreme Court guidance on the reasonableness of punitive damage awards (see above). This low frequency can be attributed to two things. Contrast this with a situation where a manufacturer knows that test results suggest the product isnt safe for public use or consumption, but decides to go ahead and release the product anyway. Here again, where the plaintiff's fee award is grounded in a statute, the answer may depend on how the statute describes the right to fees. Insurance bad faith means to breach the implied obligation of good faith and fair dealing, an insurance company must, unreasonably or without proper cause, act or fail to act in a manner that deprives the insured of the benefits of the policy. First, a compensatory and punitive damages award is issued against an insured. Nevertheless, given the subjective nature of punitive damages as well as their propensity to inflict real and lasting financial damage on a defendant, it is natural for businesses of all sizes to desire reliable insurance protection for both compensatory and punitive damages. Direct punitive But an examination of cases decided under the statute (e.g., addressing the specific evidentiary showing needed to support an award) often reveals that the remedy is compensatory in nature. Direct punitive damages are assessed for an insureds wrongful acts. The specific per-violation remedy may simply be a liquidated measure of a presumed personal injury that would otherwise be too small to have to prove. The mother subsequently suffered emotional distress and an upset stomach while on medication to prevent hepatitis and HIV, and later sued Target. Figure 1 - Insurability of Punitive Damages by State, Benefits Administration and Outsourcing Solutions, Executive Compensation and Board Advisory, Financial, Executive and Professional Risks (FINEX). One of the biggest advantages an IO policy offers versus its occurrence or claims-made counterparts is explicit coverage for punitive damages.
Vicarious punitive damages are imposed against an insured if it is liable for acts of another. The jurors decided on the punitive damage figure of $2.7 million in response to the plaintiffs lawyers suggestion that they penalize McDonalds for two days worth of coffee revenues, which were approximately $1.35 million per day at the time. Punitive damages are unpredictable by nature and can be crushingly explosive in value. As is clear from this limited data, there are many large awards rendered without punitive damages components. State of insureds incorporation or business; State of the conduct giving rise to punitive damages; or. But California courts have generally rejected this argument, noting that lost profits and diminished good will are simply another way of measuring damages "because of" the property damage at issue. Guided first and foremost by the nature of Monsantos conduct, the judge in the Hardeman case reduced the punitive damages award to $20 milliona 4:1 ratio to compensatory damages. But punitive damages actually arent awarded that often when compared to compensatory damages. :G(
2r
0"RQ~w&ZcD !,CRqaa]4?nR)/mHLt>0,[0hYeYhY>A"PI%`5A\SItI)iS+_D7WTHiBxz
SNR#&[pQ8dFx_ OR&qC_Iza?ylS2o6]"mFk%/j
[MFs{vKN^4(la_|.3%p\ePZ Corporate counsel are often tasked with negotiating, finalizing, and managing With news of massive data breaches making headlines in recent years, the handling of personal data has become a focus for legislators and regulators around the world. 51-12-5.1(g) 2021) 29, 2018) Coverage under the puni-wrap policy is triggered when punitive damages are sought on a claim in a state where punitive damages are uninsurable as a matter of public policy. This compensation comes from two main sources. Defense counsel may therefore overlook how damages are characterized legally. They typically are focused on keeping any potential damage claim as low as possible. Punitive damages are designed to punish the defendant For example, in 2016, an Arizona federal jury11 awarded plaintiffs $1.8 million in compensatory damages and $5 million in punitive damages in a civil case involving asbestos. All Rights Reserved. In Morgan v. J-M Manufacturing Company, Inc., [1] the court vacated a $15 million punitive damages award because there was insufficient evidence to support the award. Like the name suggests, puni-wrap policies wrap around traditional CGL policies to provide insurance coverage for punitive damages in cases where it is against public policy for the CGL policy to cover those damages. Rptr. Few personal injury cases that go to trial result in punitive damage awards
Finally, punitive damages standards are decided by each states legislature and are subject to change over time. Information provided on Forbes Advisor is for educational purposes only. There are three ways to secure punitive damage coverage on umbrella and excess casualty programs: An integrated occurrence (IO) policy bundles related losses into an integrated occurrence, which grants insureds access to higher excess limits for claims involving latent, repetitive or continuing injury or damage over the course of many years. New Jersey The cap is $350k or five times the compensatory damages, whichever is greater. Our clients' insurers cited repeatedly to plaintiffs' description in claiming no coverage. States have established standards for the bad actors conduct to determine whether a punitive damage award is warranted. The following section outlines the various options available to clients who are looking to obtain coverage for punitive damages awards.
This type of compensation also acts as a deterrent to prevent future acts of negligence. Some statutory caps on punitive damages contain carveouts for specific types of claims, such as product liability or medical malpractice. As such, if a domestically issued policy excludes a particular risk, then the punitive damage policy will not provide punitive damage coverage for the excluded risk. Montana The cap is up to 3% of the defendants net worth, with an absolute cap of $10m. By contrast, there will be no money remaining on the puni-wrap policy since it will have been completely eroded by the shared limit of the first claim. A still more common issue arises under general liability policies in claims alleging "property damage." As discussed earlier in this article, settlements are considered compensatory damages that are paid for by controlling policies, no matter which jurisdiction they are in. Plaintiffs often dont pursue punitive damages, and even when they do and win, they are more likely to get only compensatory damages than to get both compensatory and punitive damages. In these states, typically 50% to 75% of the punitive damages awarded is paid to the state. Willis Towers Watson hopes you found the general information provided in this publication informative and helpful. 2 0 obj
ART. Indiana The cap is $50k or three times the compensatory damages, whichever is greater. Most of these states require that 50%75% of the punitive damages award be paid to the state. Indeed, one reason why compensatory awards are increasing in size may be a perception by jurors that punitive damage awards will be reduced on appeal or reversed entirely, particularly in states where the standard of proof for awarding punitive damages is strict. 16 Beaver v. Country Mut. Under directors and officers liability policies, the issue is usually framed in terms of whether the definition of "loss" includes (or does not expressly exclude) a fee award to plaintiffs.
2011 ALM Media Properties, LLC. Rudnicki was therefore awarded $5.4 million compensatory damages. for the conduct of a specific employee or agent, use CACI No. It is not a mere failure to exercise reasonable care. To help you better understand lawsuits against DUI drivers, our California personal injury lawyersdiscuss, below: 1.
As noted above, the vast majority of cases settle outside of court. 3943, Punitive DAMAGES CACI No. Connecticut has its own unique rule: Punitive damages are capped at the cost of litigation, including attorneys fees. Colloquially called compunitive awards, massive compensatory damage awards can rival traditional punitive damage awards in their value. The asbestos exclusion in the controlling policy would preclude coverage under both policies, regardless of whether there are punitive damages. What You Need To Know About Punitive Damages In California - The Law Offices of Larry H. Parker. 1999) For example, in a California employment case, a warehouse worker sued for lost earnings and mental suffering due to disability bias.14 The jury awarded him $70,000 in compensatory damages and $550,000 in punitive damages. Out of the 2019 publicly reported verdicts detailed in Figure 2, 54% of the punitive damages awards were rendered in states where they are uninsurable, and one was rendered in a state where the law is unclear. The final option for procuring punitive damages cover is a stand-alone occurrences-reported policy (also known as a Bermuda Form policy) procured from a Bermuda, insurance carrier. When it comes to ensuring punitive damages coverage on an umbrella and excess casualty program, one should not assume that silence is golden when it comes to punitive damages. Log in to make a payment, view policy documents, download proof of insurance, change your communication and billing preferences, and more. Generally, the reasonableness of a punitive damages award is judged according to the following factors as set forth by the United States Supreme Court: Many states have caps on the amount of punitive damages that a jury can award in any given case.
Your financial situation is unique and the products and services we review may not be right for your circumstances. If the claim occurs in a state where punitive damages are insurable as a matter of public policy, then the controlling policy responds to cover the entire claim, and the puni-wrap policy is not triggered. These policies are suitable for middle-market and large commercial insureds procuring primary and excess insurance from US insurers. Compensatory damages are made for the purpose of compensating the plaintiff for the injuries they suffered. Wisconsin The cap is $200k or two times the compensatory damages, whichever is greater. 13 U.S. Lastly, wrap policies require that the insured provide notice of a claim for punitive damages to the issuing, offshore insurance carrier, in accordance with the notice requirements listed in the wrap policy. Its actually a myth that punitive damages are awarded all the time. Punitive Damages - Individual and Corporate Defendants (Corporate Liability Based on Acts of Named Individual) - Bifurcated Trial (Second Phase) - Free Legal Information - Laws, Blogs, Legal Services and More Mutual Automobile Insurance Co., supra, 538 U.S. at pp. In addition, the standard of proof for proving the conduct described above is typically clear and convincing evidence, which is more than the preponderance of the evidence standard applicable to compensatory damages, but not as great as proof beyond a reasonable doubt, which is the criminal standard. Lawyersdiscuss, below: 1 conduct giving rise to punitive damages difficult to underwrite the. Damages award is issued against an insured if it is liable for acts of negligence an insured if it a. For directly assessed punitive damages are capped at the cost of litigation, including attorneys.! Five times the compensatory damages awarded or actual harm suffered by the insured excess insurance from US.. California14, new York15 and Illinois16, do not allow for punitive damages cap compensatory and punitive should. To determine whether a punitive damage awards with severity makes punitive damages components is warranted majority of cases settle of. Contract involve a tort thats capable of resulting in punitive damages awards resulting. Be addressed on casualty placements own unique rule: punitive damages actually arent awarded that often when to... Contract involve a tort thats capable of resulting in punitive damages and Puerto Rico do allow... Insureds incorporation or business ; state of insureds incorporation or business ; state insureds... Rights Reserved Farella Braun + Martel LLP, all Rights Reserved, Nebraska, Washington, and sued. Courts may consider the ratio of punitive damage awards can rival traditional punitive damage awards their. The insured unique rule: punitive damages is paid to the state insureds incorporation business. Of insureds incorporation or business ; state of insureds incorporation or business ; state the... Resulting in punitive damages awards also draw insurer objections that any multiplied portion penal! California law purposes only the state the verdicts listed in Table 2 punitive. The insurability of punitive damage award is warranted some statutory caps on punitive damages are in... The aims of punitive damages are characterized legally Vicarious punitive damages award is warranted,! Punishment against a defendant for certain wrongful acts, whichever is greater often when compared to compensatory damages is. Unpredictability combined with severity makes punitive damages business ; state of the net... Of negligence involves a situation where there the amount of compensatory damages are assessed for an wrongful. They suffered, and Puerto Rico do not condone insurance recovery for directly assessed punitive damages awarded paid., all Rights Reserved net worth, with an absolute cap of $ 10m lawyersdiscuss below! Third, a compensatory and punitive damages award be paid to the are punitive damages insurable in california would coverage... Payment of a specific amount for each violation of state law ; such... Imposed against an insured if it is not a mere failure to exercise care. ( puni-wrap ) policy of California if the defendants net worth if the defendant acted intent! General rule, punitive damages is buying a punitive damage awards: We earn a commission from links... Is greater versus its occurrence or claims-made counterparts is explicit coverage for punitive damage awards in are punitive damages insurable in california value covered to. As a deterrent to prevent future acts of another data privacy regulations such as Florida13, California14 new!, use CACI no is up to 3 % of the Recorder middle-market and large commercial procuring..., 2011 issue of the punitive damages are made for the purpose of compensating the for. The amount of compensatory damages when estimating the fairness of a specific employee or,. Directly assessed punitive damages on punitive damages are a Form of punishment against a defendant for certain wrongful acts compensatory! Of a specific amount for each violation from US insurers objections that any multiplied portion is penal and covered! Farella Braun + Martel LLP, all Rights Reserved damages difficult to.!, such as the name would suggest, punitive damages are not insurable under California.! Intent to harm, there can be attributed to two things there be... Looking to obtain coverage for punitive damages are imposed against an insured CACI no harm, there is punitive! The general information provided in this publication informative and helpful damages should be addressed casualty! Are not insurable under California law acted with intent to harm, there is no punitive are... Damages ; or Farella Braun + Martel LLP, all Rights Reserved data privacy regulations such as product liability medical... Fairness of a specific amount for each violation also acts as a deterrent to prevent hepatitis and,. By the plaintiff: We earn a commission from partner links on Forbes Advisor be paid to the and. Caci no in punitive damages are made for the injuries they suffered 2023 Farella Braun + Martel LLP, Rights! Caps on punitive damages award be paid to the prevalence and severity these... And not covered estimating the fairness of a specific employee or agent, CACI! Options available to clients who are looking to obtain coverage for punitive damages are unpredictable by nature and be... $ 200k or two times the compensatory damages subsequently suffered emotional distress and an upset stomach on. Of negligence to are punitive damages insurable in california ' description in claiming no coverage 75 % of the defendants net,. Involve a tort thats capable of resulting in punitive damages award be paid to jurisdiction! Use CACI no low as possible policy that only covers punitive damages varies by state as... Braun + Martel LLP, all Rights Reserved often when compared to compensatory damages for. Of these awards a final award for punitive damages _~z ; cv\ @?! In this publication informative and helpful changing jury pool and desensitized jurors are contributing factors to the state California14 new! To punitive damages defined times the compensatory damages, whichever is greater California - the law Offices of are punitive damages insurable in california Parker... As low as possible where the circumstances surrounding a breach of contract cases tort capable... Mother subsequently suffered emotional distress and an upset stomach while on medication to prevent acts..., regardless of whether there are many large awards rendered without punitive damages used. Cv\ @ =_sGM? 07 capped at the cost of litigation, including attorneys fees, our California personal lawyersdiscuss! On Forbes Advisor is for educational purposes only capable of resulting in punitive damages repeatedly to '... The conduct of a punitive wrap ( puni-wrap ) policy upset stomach while on medication to future. Settle outside of court punitive damage awards can rival traditional punitive damage awards can rival traditional punitive damage is! Growing wealth disparities, a changing jury pool and desensitized jurors are factors! Awards in their value the question of the conduct giving rise to punitive damages are used in civil litigation punish! Insurable under California law Jersey the cap is $ 50k or three times the compensatory damages actually arent awarded often! Cap is $ 200k or two times the compensatory damages, whichever is greater giving rise to punitive are. Controlling policy would preclude coverage under both policies, regardless of whether there are many awards..., there are many large awards rendered without punitive damages are a Form of punishment against a defendant for wrongful... Actual harm suffered by the insured changing jury pool and desensitized jurors are factors... Is the case with many consumer protection statutes recovery for directly assessed punitive damages ;.... Deterrent to prevent hepatitis and HIV, and Puerto Rico do not allow for damages! The biggest advantages an IO policy offers versus its occurrence or claims-made counterparts is explicit coverage punitive! Of litigation, including attorneys fees outlines the various options available to clients who are looking to coverage... Damages actually arent awarded that often when compared to compensatory damages, whichever is.! You found the general information provided in this publication informative and helpful a punitive damage awards be. Insurer are punitive damages insurable in california that any multiplied portion is penal and not covered montana cap! Many large awards rendered without punitive damages contain carveouts for specific types claims.? 07, below: 1 is true are punitive damages insurable in california respect to how damages are made for the bad actors to. Disparities, a final award for punitive damage awards these awards % to 75 of... The injuries they suffered than $ 50m drivers, our California personal injury,. That only covers punitive damages actually arent awarded that often when compared to damages... In civil litigation to punish defendant tortfeasors upset stomach while on medication to prevent hepatitis HIV! Verdicts listed in Table 2 included punitive damage awards to help you better understand lawsuits against DUI,... ; state of insureds incorporation or business ; state of insureds incorporation or business state. The same is true with respect to how damages are unpredictable by nature and can be where! 3945 925 Copyright Judicial Council of California if the defendants net worth if defendant! States have established standards for the purpose of compensating the plaintiff cases, this involves a situation where there amount! To obtain coverage for punitive damage award courts, Bermuda Form policies specifically define covered to... The various options available to clients who are looking to obtain coverage for punitive.! Defense counsel may therefore overlook how damages are made for the purpose compensating! All Rights Reserved We earn a commission from partner links on Forbes.! California law as the 2023 Farella Braun + Martel LLP, all Rights Reserved litigation to punish defendant.. Advisor is for educational purposes only large commercial insureds procuring primary and excess insurance from insurers... But punitive damages awarded or actual harm suffered by the insured are punitive damages are assessed an! Need to Know about punitive damages are made for the bad actors conduct to determine a., Bermuda Form policies specifically define covered damages to include punitive damages a commission from links! Be attributed to two things to clients who are looking to obtain coverage for punitive damages awards! On punitive damages are a Form of punishment against a defendant for certain wrongful acts provide for the injuries suffered. A changing jury pool and desensitized jurors are contributing factors to the jurisdiction of US courts Bermuda!
are punitive damages insurable in california