Civil Litigation
Apr. 7, 2016
Can fees influence punitive damages?
When attorney fees are awarded the plaintiff in his suit against his insurance company for its "bad faith" handling of his claim, what effect does that fee award have on the size of the plaintiff's punitive damage award against the insurer?
Fred J. Hiestand
General Counsel
Fred J. Hiestand, APC
Phone: (916) 448-5100
Email: fred@fjh-law.com
When attorney fees are awarded the plaintiff in his suit against his insurance company for its "bad faith" handling of his claim, what effect does that fee award have on the size of the plaintiff's punitive damage award against the insurer? Does it matter who awarded the attorney fees - court or jury - and when that determination was made - at or after trial?
These questions will be the focus of oral argument this week before the California Supreme Court in Nick...
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