By: Shernoff Bidart Echeverria LLP
March 25, 2013
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WHAT ARE PUNITIVE DAMAGES? HOW DOES ONE COLLECT THEM?
In addition to awarding a plaintiff actual damages and damages for emotional distress and/or physical injury, the court may assess punitive damages against an insurance company to serve as a punishment and deter the company from acting in bad faith again. For this to occur, it must be proven that the insurer acted with malice, fraud or oppression.