Insurance
Nov. 19, 1999
Deserving Discipline
^^Insurance Law^^ Deserving Discipline When Should Punitive Damages Be Imposed in Bad-Faith Cases? Claims handlers typically qualify as managing agents whose conduct is sufficient to hold an insurance carrier liable for punitive damages.
By Kirk A. Pasich
When a jury determines that a carrier acted in bad faith, the next question is whether to impose punitive damages. If a jury finds "oppression, fraud or malice," then it may award punitive damages. See Civil Code Section 3294(a). A punitive damages case exists if any one of these three types of condu...
When a jury determines that a carrier acted in bad faith, the next question is whether to impose punitive damages. If a jury finds "oppression, fraud or malice," then it may award punitive damages. See Civil Code Section 3294(a). A punitive damages case exists if any one of these three types of condu...
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