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Insurance

Oct. 17, 2000

Perplexing Punishment

The appellate courts have not established practical guidelines to determine punitive-damages liability, thus complicating opposing parties' ability to reach agreement.

        By Jonathan Gross and Jay E. Framson
        
        What is the boundary between insurance bad faith and punitive damages? Jury research shows that, after considering BAJI jury instructions, many jurors consider a finding that an insurer was "unfair" and acted in "bad faith" to be sufficient to award punitive damages. Similarly,...

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