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. What are punitive damages simple definition? Punitive damages are considered punishment and are typically awarded at the court’s discretionRead More →
California Civil Code 3294 allows a trial court jury to award punitive damages in a personal injury case. The plaintiff must prove by clear and convincing evidence that the defendant’s conduct amounted to malice, oppression, or fraud. Punitive damages are not intended to compensate a plaintiff for his or herRead More →
(Ellen Parsons is so lame!) And so, Beardy can’t find the tape because Ellen has hidden it somewhere super secret that only she and David (boyfriend) know about, and he kills Ellen’s boyfriend (who is now her fiancé—but only kind of because they broke up because she wouldn’t leave PattyRead More →
N.J.S.A. 2A:15-5.13 (e). (e) There is a cap on punitive damages — five times the amount of compensatory damages or $350,000, whichever is greater. Are punitive damages Unlimited? In many states, including California and Texas, punitive damages are determined based on statute; elsewhere, they may be determined solely based onRead More →
N.J.S.A. 2A:15-5.13 (e). (e) There is a cap on punitive damages — five times the amount of compensatory damages or $350,000, whichever is greater. Are punitive damages Unlimited? In many states, including California and Texas, punitive damages are determined based on statute; elsewhere, they may be determined solely based onRead More →
Foreseeable damages are damages that both party to the contract knew or should have been aware of at the time when the contract was made. Apart from this an insured can recover foreseeable damages, beyond the limits of its policy, for breach of a duty to investigate, bargain for, andRead More →
Even though the parties may agree at the time of contracting as to their measure of damages, the validity a liquidated damages clause may still be challenged in a lawsuit, and such challenges can look an awful lot like proving actual damages—and can be just as contentious. What are theRead More →