Civil Litigation
May 18, 2012
Treble punitive damages for elder abuse: are you claiming them?
California statutory law allows for recovery of treble damages for elder abuse in insurance bad faith actions.
Brian S. Kabateck
Founding and Managing Partner, Kabateck LLP
Consumer rights
633 W. Fifth Street Suite 3200
Los Angeles , CA 90071
Phone: 213-217-5000
Email: bsk@kbklawyers.com
Brian represents plaintiffs in personal injury, mass torts litigation, class actions, insurance bad faith, insurance litigation and commercial contingency litigation. He is a former president of Consumer Attorneys of California.
Joshua H. Haffner
Attorney, Haffner Law PC
445 S Figueroa St
Los Angeles , CA 90071
Phone: (213) 514-5681
Email: jhh@haffnerlawyers.com
UC Hastings COL; San Francisco CA
In insurance bad faith actions, a plaintiff is generally allowed to claim and recover punitive damages against an insurance company, if the standard of proof is met. Neal v. Farmers Ins. Exchange (1978) 21 Cal.3d 910. California statutory law provides a strong basis for also asserting a financial elder abuse claim for treble punitive damages when representing a senior or disabled plaintiff in an insurance bad faith action.
Civil Code Section 3345 applies "in actions brought...For only $95 a month (the price of 2 article purchases)
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