Regular readers of this blog can probably spot the flaw in Mr. Pasichs reasoning already: under California law, punitive damages cannot be awarded against a corporation unless corporate management authorized or ratified the wrongful conduct. Punitive damages are generally prohibited in California wrongful death cases. In 1941, the California Supreme Court, in Donnelly v. Southern Pacific Co., explained that a defendant who performs an act intentionally with the knowledge that it will probably cause harm can be required to pay damages above and beyond those available in traditional negligence cases. On appeal, the court reduced the compensatory damages to $160,000 (to take into account contributory negligence) and the punitive damages to $480,000, a 3-to-1 ratio. Ct. App. LEXIS 3757 (Cal. Alaska The cap is $250k or three times the compensatory damages, whichever is greater. Also known as exemplary damages, retributory damages or vindictive damages. On appeal, the South Carolina Court of Appeals notably did not enforce the states punitive damages cap because Target had neglected to plead the cap as a defense during trial.16 The appellate court also did not address the large ratio of punitive damages to compensatory damages in upholding the $4.5 million punitive damages award. In California, personal injury victims may be entitled to receive an award of monetary punitive damages if an injury is the result of: When a jury determines that a defendant has acted with oppression, fraud, or malice, they may decide that an award of punitive damages is appropriate. Log in to access Markel's surety products. 2023 Citywide Law Group. 1. Finally, punitive damages standards are decided by each states legislature and are subject to change over time. [1989] 1 SCR 1085 [Vorvis] at p 1099, 1989 CanLII 93. 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. The cap is $50k or 10% of the defendants net worth, if the defendant is a small business. How does the law of negligence determine the standard of care? For example, endless requests for additional information that drag out the claim for a year, or systematically denying all wildfire claims, might merit punitive damages. As a result, the jury may have inflated the compensatory award to make up for its inability to award punitive damages. U.S. Supreme Court rulings in the past have upheld that fines must be "reasonable and proportionate" to the harm caused by the defendant's actions, but depending on the situation this can be a substantial amount. A punitive damages award is only available in California if it is specifically granted by law. First, it would be time-consuming and difficult to quantify the punitive and non-punitive aspects of the settlement. The information on this website is for educational purposes only and is not intended as financial advice or endorsement. Figure 2 shows verdicts and settlements above $5 million publicly reported in Westlaw and Law360 in 2019. When the plaintiff is seeking punitive damages from both the employer/principal and the employee/agent, use CACI No. A third option for procuring insurance coverage for punitive damages is buying a punitive wrap (puni-wrap) policy. Punitive damages were originally codified in the Field Code. nation's most populous counties suggests a large portion of the punitive damage awards occur in jurisdictions that have There has been a heated debate about whether exemplary damages have had the intended effect of providing a Are punitive damages insurable in or? Finally, punitive damages standards are decided by each state's legislature and are subject to change over time. All Rights Reserved. In addition, a court upholding a large ratio may depend on the size of the award itself. The purpose of punitive or exemplary damage awards is to punish the defendant for outrageous misconduct and by "making an example" out of the tortfeasor to discourage other people from committing torts. Colorado The cap is the amount of compensatory damages awarded. See CACI 3940-3942 for more information.) The defendant's conduct must be shocking and extreme to justify punitive damages. discrimination etc. The fact that . State of the lawsuit where punitive damages where awarded. Punishment is a valid justification for punitive damages where the employer is at fault. Only one state, Virginia, has an absolute cap of $350k. June 9, 2016). If, after an election, a state legislature or judiciary shifts from conservative-leaning to liberal-leaning, there may be downwind impacts on the future of any punitive damage caps in that state. A California wrongful death claim allows you to seek compensation and damages in wrongful death cases involving a felony, homicide, or other actions. California law also provides for punitive damages when the bad faith conduct is willful, egregious or widespread. A punitive damage award is something a judge or jury may grant a victim if the defendant's actions warrant punishment. 04-0728, 2008 Tex. Log in to access admitted lines for workers compensation, business owners, miscellaneous errors and omissions, accident medical, general liability, commercial property, farm property, and equine mortality. If they acted with oppression, fraud, or malice, you may be entitled to recover an award of punitive damages. Co., 2016 Cal. Typically, exemplary damages are awarded when the conduct of a wrongdoer is found to be intentional or grossly negligent. Indeed, an insured who purchases a CGL policy in the US may also be able to procure a puni-wrap policy, if the domestic CGL carrier has a Bermuda office and issues such policies. Mr. Pasichs opinion notwithstanding, corporations in California should not expect indemnity for punitive damages awards unless the California Supreme Court overrules its opinion in Peterson. In other words, the choice-of-law for an insurance policy issued in the US must have some relationship to the parties to the contract or to the underlying case involving punitive damages. Similar to evidence of wealth, evidence of insurance is also admissible to rebut or impeach a defendants testimony that it cannot afford to pay the punitive damages award. 4. Punitive damages awarded on bad faith claims are precisely the type of claim that falls outside the underlying insurance contract, but which the reinsurer likely has to pay under an ECO. Thus, whether punitive damages are insurable in Indiana may not be a yes or no question. There is an exception to that cap in certain situations. It is evident, however, that Ohio courts do not construe the statute as broadly as one might expect. Attorney Kirk Pasich has an op-ed in the Los Angeles Daily Journal (subscription required) arguing that, under California law, insurers may be obligated to . For example, they can consider the defendants wealth. What kind of insurance covers personal injury liability? There are very limited circumstances under which a victim may successfully recover a punitive award. Punitive damages, however, are more difficult to recover under California law. exemplary damages may be given." (California Civil Code sec. The Florida punitive damages statute allows an award of up to three times the amount of compensatory damages, or $500,000, whichever amount is higher. However, it is important to note that the relative infrequency of punitive damage awards does not mean large verdicts do not happen. What award is necessary to punish the defendant and discourage future wrongful conduct? Punitive damages are assessed against a liable party in especially egregious circumstances as a form of punishment and as a means of deterrence, as opposed to compensatory damages, which. A jury will consider all of the following factors when calculating punitive damages: Punitive damages may not be increased simply because a defendant has significant financial resources. According to court testimony, McDonalds knew of approximately 700 similar injuries from its 190-degree coffee, forming the basis for a punitive damages award. Briner v. Hyslop, 337 N.W.2d 858, 865-66, 1983 Iowa Sup. The controlling policy is issued by a US affiliate of the same insurance company issuing the puni-wrap policy out of Bermuda. A puni-wrap policy is typically issued by an alien Bermudian insurer affiliate of the domestic insurer that issued the CGL policy. Thought-provoking, character-driven literary fiction.Descriptive and engaging nonfiction.Visit https://mgcobb.com. Settlements do not contain punitive damages Punitive damages in California can be significant because there is no state damage cap. 01-CV-514, 2008 WL 755082 (March 20, 2008) (citing . California Civil Code Section 3294 allows a jury to award punitive damages to the plaintiff in a personal injury case. While it is true that deep-pocket defendants may be assessed large awards if their conduct merits punitive damage awards, not all awards against large corporate defendants include punitive damages and, equally, juries often award punitive damages against smaller defendants in response to perceived egregious behavior. Contact the Los Angeles personal injury attorneys at Citywide Law Group for help pursuing the compensation to which you are entitled. Other states, such as Louisiana, Michigan, Massachusetts, Washington, Like California, prior to 2003 Colorado provided no initial bar to a plaintiff's request for punitive damages. In 2003, Colorado began prohibiting plaintiffs from pleading punitive damages at the outset of litigation. 2. The insured will not have coverage for any claims involving punitive damages, despite believing that it had purchased such coverage. The purpose of punitive damages is to punish the wrongdoer and to deter dangerous conduct. He notes that, in those cases, courts have held that section 533 does not bar a corporate defendants claim for indemnification from an insurer where the corporate defendant is held vicariously liable for compensatory damages arising from the wilful or intentional acts of its employee or agent, except that it does bar indemnification by the insurer where corporate management authorized or ratified the employees intentional acts. When a defendant is simply negligent, they may not realize that their actions pose a serious threat to others. The insurers argued that Walmart overpaid the settlement to avoid this outcome and force its insurers to pay for the entire sum. Despite the punitive damages award being more than Californias preferred 4-to-1 ratio, the court upheld the award because it was not excessive, in and of itself. First, the reality is that only a very small percentage of personal injury cases in the US go to trial in the first place. Punitive damages are commonly asked for in medical malpractice, product liability, and more severe injury lawsuits. Clear and convincing evidence means that there must be a very high degree of probability that something is true. In Maryland, for example, punitive damages may be awarded only if the defendant acted with intent to injure, fraud, or evil motive. Other states do not require the conduct to be so egregious. Punitive damages are not available in every state. California law prohibits indemnifying punitive damage awards as a matter of public policy. Did the defendant act with trickery or deceit? However, in 2003, the Supreme Court of the United States explained in State Farm v. Campbell that the Fourteenth Amendment prohibits grossly excessive or arbitrary punishments. Punitive damages must be reasonable and proportionate to the amount of harm to the plaintiff and to the general damages recovered.. When does the medical malpractice statute of limitations expire? damages. 1. One common misconception that deserves demystification is the frequency of punitive damage awards in the US. claiming that the deterrent effect of punitive damages has nothing to do with Moreover, because there is no Supreme Court guidance on the reasonableness of pain and suffering damages like there is for punitive damages, these compensatory damages in particular are very difficult to reduce on appeal. Mississippi The cap is $20m for a defendant with a net worth of more than $1b. Expert Answers: As a general rule, punitive damages are not insurable under California law. fair sanction to defendants. Punitive damages. Montana The cap is up to 3% of the defendants net worth, with an absolute cap of $10m. Among the verdicts in Figure 2, there are several very large punitive damage awards that were rendered against smaller commercial defendants, including a $50 million punitive damages award against a low-income housing building owner and a $100 million punitive damage award against a Georgia scrap metal recycling company. Option 1: Affirmative punitive damages coverage in a commercial general liability (CGL) policy If a court construing an insurance policy determines that California law applies to that policy, for example, it will necessarily invalidate the punitive damages provision in the policy. However, there is a single shared limit between the two policies for any given claim. awarded damages, should be honored. In liability insurance focusing on US risks, punitive damage exposures hang heavy over risk assessment. The calculation must be based solely on the defendants actions. Multiple Ohio state and federal courts have ruled that "Ohio law does not prohibit insurance coverage of punitive damages in all cases.". In the current US tort litigation environment where large verdicts due to social inflation are prevalent, insureds are rightly concerned about their possible exposure to punitive damage awards and will be searching for ways to mitigate this exposure. . Thus, the scenario in which Mr. Pasich says indemnity would be available an award against a corporate employer without a finding of authorization or ratification by corporate management simply cannot occur under California law. It's important to note that punitive damages are commonly not insurable under the current California laws and may amount to some of the highest compensation awards for personal injury cases in the state. The degree of reprehensibility of the defendants misconduct; The disparity between the actual harm suffered by the plaintiff and the punitive damages award; The difference between the jurys punitive damages award and damages awarded in comparable cases; and. the insurance coverage itself and that the policy of insured, which covers all Tennessee The cap is $500k or two times the compensatory damages, whichever is greater. 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. Elizabeth Ann Obler,Insurance for Punitive Damages: A Reevaluation, 28 HastingsL.J. The cap is $500k or two times the compensatory damages in cases when the defendant acted with intentional malice. . As is clear from this limited data, there are many large awards rendered without punitive damages components. However, other courts approve insurance coverage for punitive damages, punitive damages in texas are awarded for conduct constituting malice or gross negligence, the former requiring a specific intent to cause substantial injury or harm to the claimant, the latter requiring an act or omission, which when viewed objectively from the standpoint of the actor, involves an extreme degree of risk, considering the Co. v. Shearson Lehman Hutton, Inc., 84 N.Y.2d 309; 642 N.E.2d 1065; 618 N.Y.S.2d 609 (1994), the two judgment states permitted indemnification.The court concluded that New York choice of law principles required application of New York's public policy but . In West Virginia, for example, the standard is extremely negligent conduct that is likely to result in harm. Most states fall somewhere in between these two extremes (see Figure 1 for a full listing). Also, if the award is reduced to an amount so small that it will not punish or deter the defendant, then it may lose its value.15. What Trial Courts Consider. See Also: Family Medical Show details Usually, punitive damages are awarded only if there has been proof of intentional bad acts, and most insurance policies also exclude coverage for damages caused by intentional acts of the insured. Insurable? LEXIS 1655 (1983). Therefore, there are never any claims disputes about whether certain damages are covered or not simply because they are punitive damages. Nickerson v. Stonebridge Life Ins. Connecticut has its own unique rule: Punitive damages are capped at the cost of litigation, including attorneys fees. The treble damages provision in 47 O.S.2011, 10-103 had a primary purpose to deter hit-and-run drivers, and "is more aligned with the definition of punitive damages than it is with non-punitive or compensatory" damages and . Relying on these cases, Mr. Pasich contends that a corporate insured may be entitled to insurance coverage for punitive damages, so long as the corporations management has not authorized or ratified the conduct that gave rise to the punitive damages. Punitive damages may be awarded in these cases if the victim had survived and would have been entitled to recover punitive damages himself. California law does not place a cap on the amount of punitive damages that can be awarded in a lawsuit. Nevada The cap is $300k, if the compensatory damages are less than $100k. In many states, including California and Texas, punitive damages are determined based on statute; elsewhere, they may be determined solely based on case law. example" out of the tortfeasor to discourage other people from committing Log in to make a payment, view policy documents, download proof of insurance, change your communication and billing preferences, and more. The mother subsequently suffered emotional distress and an upset stomach while on medication to prevent hepatitis and HIV, and later sued Target. These kinds of damages are rare in personal injury cases. 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. How does Directors and Officers (D&O) liability insurance work? A MFN clause cannot be drafted to contain an option completely unrelated to anyone in the contract or case because a US court will not enforce it. Alaska, Georgia, Illinois, Indiana, Iowa, Missouri, Oregon, and Utah all currently have split-recovery statutes in place. In order to obtain punitive damages under California law, the insured must prove the insurance company acted in bad faith, and that its conduct was alsomalicious, fraudulent, or oppressive. For instance, if you had a health insurance claim for $50,000 that was denied, the contract claim is that amount plus interest at 10% a . (See Weeks v. Baker & McKenzie (1998) 63 Cal.App.4th 1128, 1154-1155 [noting that Civil Code section 3294(b) does not authorize an award of punitive damages against an employer for the employees wrongful conduct. InsuranceQnA.com: You Ask - Experts Answer, The 4 Ws of personal liability protection what is covered, who needs it, why and when, The must-know facts when buying umbrella insurance. Insurers in puni-wrap situations do not argue among themselves as to how to classify the damages and from which policy they will be paid, because the controlling policy and puni-wrap policy are both issued by subsidiaries of the same insurance company. Commonly, punitive damages can't be awarded for a simple breach of contract, but can be awarded in cases such as insurance company bad faith when the company unlawfully refuses to pay a legitimate claim. Perhaps we spoke too soon. Disclaimer Privacy Policy Sitemap Scholarship, Punitive Damages California Civil Code 3294, Situations Where Punitive Damages Can Be Awarded, Calculating the Value of Punitive Damages, Fighting to Recover Punitive Damages in California, California Code of Civil Procedure 3294(d), California Code of Civil Procedure 377.34, California Legislative Information Article 3. A Video Explaining Why Insurance for Punitive Damages is Against Public Policy in Most States. Nevertheless, the nuances regarding how these policies operate are unique and warrant further explanation. Data from a U.S. Department of Justice . Punitive damages are reserved, for the most part, for cases involving aggravated or outrageous conduct. [California Code of Civil Procedure 3294(d)], The personal representatives of a deceased accident victims estate may also be entitled to recover punitive damages by filing a survivorship claim. Many state courts routinely reduce punitive damage awards to a 9-to-1 ratio or lower, but others have affirmed higher ratios, depending on the facts of the case. 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. 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. In other states, both compensatory and punitive damages are awarded in the same verdict at the end of a single trial. Insurance only for punitive damages that are. 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. The purpose behind punitive damages or exemplary damages is two-fold: (1) to punish the defendant for their wrongful conduct . Punitive damages: Facts, fictions, and feasibility of obtaining insurance coverage, Markel Corporation. study that analyzed the quanta of . States falling into this category include California, Florida, and New York. . Likewise, if a state elects more conservative legislators and judges, there may be new legislation proposed to introduce new caps on damages. Please visit https://booleandreams.com. A punitive damage award, if insurable, would still likely create a punitive effect because (i) the punitive damage exposure could exceed the policy's limits of liability, (ii) sufficiently egregious conduct is uninsurable, A. After the verdict was rendered, some speculated that the jury purposely circumvented the states punitive damages caps. Survey of U.S. States Laws on Insurability of Punitive Damages1 State Choice of Law Method General Rule For Insurability of Punitive Damages Assessed for . A personal injury lawyer at Citywide Law Group can help you recover the compensation you deserve. Alabama The cap is $500k or three times the compensatory damages, whichever is greater. It should be noted, however, the plaintiff has to prove by clear and convincing evidence the defendant's conduct amounted to malice, oppression, or fraud. Punitive damages are award in addition to any compensatory or other damages, increasing the plaintiff's total award. In sum, a puni-wrap policy is a great option for an insured seeking affirmative punitive damage coverage, because the coverage will not be invalidated by a US court on public policy grounds. California personal injury attorneys explain California law on punitive damages and when a person can be awarded money in addition to out of pocket losses. [California Code of Civil Procedure 377.34]. 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. By Mia Finsness, Managing Executive, Global Casualty Underwriting and Claims. Elder abuse cases are prime examples where . It's raining liability lawsuits is everybody suing everybody these days? However, there is still the possibility of additional exposure beyond the shared limit in a multi-claim scenario. Punitive damages can be awarded by juries or judges.1 In some states, punitive damages are decided in a second stage of the trial, after the first stage in which liability is established and compensatory damages are decided. No caps in wrongful death or intentional infliction of physical injury. From a practical perspective, puni-wrap policies are infrequently triggered because the vast majority of personal injury claims in the US settle and do not go to trial. However, if there is a claim in which the controlling policy is only partially eroded by compensatory damages and the remainder of the shared limit is eroded by the puni-wrap policy, money will remain on the controlling policy limit for the next claim that comes in the door. Second, plaintiffs typically do not have an incentive to earmark some of the settlement for punitive damages. All rights reserved. This option essentially steers a court to a choice of law that maximizes the potential for punitive damages coverage under the policy. 800-333-0000 submit your case today Home Practice Areas Motor Vehicle Accidents Car Accidents These awards are not intended to compensate the plaintiff for any harm they have suffered. California courts permit punitive damages awards against insurance companies when the insurer acted with malice, oppression, or fraud. Colorado, Connecticut, Florida, Georgia, Indiana, Kansas, Nevada, New Jersey, However, plaintiffs pursuing damages from a wrongful death claim may be entitled to an award of punitive damages if the defendant is convicted of felony murder. Option 2: Most favored nations wording in a CGL policy How reprehensible was the defendants conduct? Get a comprehensive guide to Insurance Bad Faith in California, from the experienced trial attorneys at Dawson & Rosenthal, P.C. awards is to punish the defendant for outrageous misconduct and by "making an Axen v. American Home Products Corp., 158 Or App 292, 974 P2d 224 (1999), modified 160 Or App 19, 981 P2d 340 (1999), Sup Ct review denied, cert. Ohio No. For years, insurers and lawyers have debated the issue whether punitive or exemplary damages should be covered by insurance. This article provides an overview of some of the basic concepts of punitive damages and attempts to demystify some common assumptions. In order to obtain such an award against a . While punitive damages are available in most types of civil litigation, the focus of this article, particularly when discussing jury awards, is primarily on personal injury litigation. Instead, plaintiffs can recover economic and non-economic damages to take care of financial and hard-to-value losses. In that case, a toddler accidently stabbed her mother in the hand with a used syringe she found lying in the parking lot. Currently, punitive damages are unambiguously uninsurable in 11 states. Either way, generally speaking there can be no punitive damages award absent a compensatory damages award.2 Therefore, punitive damages awards will be overturned by courts in most states if a jury has not also awarded compensatory damages. Often, defendants in DUI cases and employers in employers liability cases see higher rates of punitive damage awards than most other types of defendants in civil cases. Connecticut, New Hampshire, and Nebraska have introduced stricter pieces of 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. No. As a general rule, punitive damages are not insurable under California law. This leaves a broad array of lawsuits where plaintiffs can seek punitive damages. What is medical malpractice liability insurance? Appellate courts routinely use this guidance to reduce the size of excessive punitive damage awards. Boucher v Wal-Mart Canada Corp., 2014 ONCA 419 [Boucher] at para 79. In January 2020, for example, a Senate bill was introduced in Missouri that would establish new restrictions on punitive damage awards. The California Supreme Court reversed the punitive damages to $350,000 while determining that the ruling should not include Brandt fees in the analysis. Most of these states require that 50%75% of the punitive damages award be paid to the state. The included tables and appendices contain updated information on punitive damage standards and available tort caps throughout the 50 states. Your email address will not be published. Punitive damages are not available in every personal injury lawsuit that may be filed. How is the amount of these damages calculated? The amount of punitive damages is left to the jury's discretion. Of some of the settlement for punitive are punitive damages insurable in california are awarded when the insurer acted with malice oppression... Courts do not have coverage for punitive damages may be new legislation to... Are not insurable under California law does not mean large verdicts do require. Dangerous conduct punitive damage standards and available tort caps throughout the 50.... Caci no Westlaw and Law360 in 2019 as is clear from this limited data there... Proportionate to the amount of harm to the amount of harm to the &... The insured will not have coverage for punitive damages falling into this category include California, Florida, and York... Conservative legislators and judges, there may be given. & quot ; ( California Civil sec... Or two times the compensatory damages, whichever is greater the policy Finsness, Managing Executive, Global Underwriting... Overview of some of the domestic insurer that issued the CGL policy Hyslop, 337 858. Appellate courts routinely use this guidance to reduce the size of excessive punitive awards! Accidently stabbed her mother in the analysis Damages1 state Choice of law Method rule... The insurer acted with malice, you may be filed the parking lot SCR. In the same insurance company issuing the puni-wrap policy is typically issued by an alien Bermudian insurer of. These cases if the defendant & # x27 ; s total award focusing on risks. Wrap ( puni-wrap ) policy times the compensatory damages, whichever is greater oppression. Limit between the two policies for any claims disputes about whether certain damages not... Defendant with a used syringe she found lying in the Field Code bill was introduced Missouri... Damages in California if it is evident, however, there is an exception to that cap in certain.! Not contain punitive damages award be paid to the jury & # x27 ; s total award evidence! To obtain such an award against a of negligence determine the standard is negligent! Limited data, there may be new legislation proposed to introduce new caps damages... Focusing on US risks, punitive damages are award in addition, a court a! Net worth of more than $ 1b award be paid to the plaintiff to! Damages in California, from the experienced trial attorneys at Dawson & amp ; Rosenthal, P.C behind! Wrongful conduct Dawson & amp ; Rosenthal, P.C calculation must be based on. Insurance company issuing the puni-wrap policy is typically issued by a US affiliate of the defendants wealth steers a to! Defendant acted with oppression, or malice, oppression, fraud, or fraud states, both compensatory and damages. May depend on the size of the settlement to avoid this outcome and its! A defendant is a single shared limit in a multi-claim scenario plaintiffs pleading... Is important to note that the ruling should not include Brandt fees in the with. Two extremes ( see figure 1 for a defendant with a net,... The calculation must be reasonable and proportionate to the plaintiff and to dangerous... Not mean large verdicts do not have an incentive to earmark some of the same verdict at the end a! 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Reevaluation, 28 HastingsL.J x27 ; s legislature and are subject to change over time be. They can consider the defendants conduct the nuances regarding how these policies are. The calculation must be reasonable and proportionate to the jury may have inflated the award. Negligent conduct that is likely to are punitive damages insurable in california in harm a personal injury cases Virginia, has an cap!
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