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Torts/Personal Injury,
Insurance

Aug. 30, 2024

Recovering emotional distress damages for breach of an insurance contract

California case law establishes that, in some situations, insured individuals may be entitled to emotional distress damages for breach of an insurance contract without the burden of proving that the insurance company acted unreasonably or in "bad faith" when it denied benefits.

Michael L. Cohen

Attorney, Michael L. Cohen

1910 West Sunset Boulevard
Los Angeles , CA 90026

Phone: (310) 772-2346

Email: cohen@mlcplclaw.com

Harvard University Law School; Cambridge MA

Cohen is an attorney at Michael L. Cohen, A Professional Law Corporation and counsel at Pachulski Stang Ziehl & Jones LLP in Los Angeles, California.

Shutterstock

In 2022, while conducting research for an article about damages for breach of an insurance contract, I stumbled across the following comment in The Rutter Group Practice Guide for "Insurance Litigation": Certain cases "sug...

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