Focus (Forum & Focus)
Apr. 24, 2009
Assessing the Damages
Courts have reached contrary conclusions on whether insurance companies must cover punitive damage awards, writes Kirk A. Pasich.
FOCUS COLUMN
By Kirk A. Pasich Liability insurance carriers generally argue that they cannot indemnify or insure for punitive damage awards. This might be true with respect to some policies that contain sufficiently clear exclusions from coverage for awards of punitive damages. But insurance carriers do not just rely on exclusions in their insurance policies. Indeed, many insurance policies do not have an express exclusion for punitive damage...
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