Limitations on Punitive Damages Against Insurers Since State Farm v. Campbell: Lessons for Insurers
This article focuses on the limitations imposed on punitive damages awards by the United States Supreme Court, concentrating tm how these limitations have been applied by lower courts in actions against insurance companies. The article begins by examining the Supreme Court's three "guideposts" for determining whether a punitive award complies with due process. The article focuses on the compensatory damages predicate for determining a punitive award pursuant to the second "guide­ post" requiring trial courts to examine the ratio between actual and potential harm and the punitive award. The article examines what types of damages have been included in the predicate in bad-faith claims against insurers, and argues that under black-letter contract law, only the plaintiff's bad-faith tort damages should be included in the actual or potential harm side of the ratio. Finally, the article examines how the "reprehensibility" of insurers' conduct has affected punitive awards against insurers.
1988 course supplement for Keeton & Widiss on insurance law : a guide to fundamental principles, legal doctrines, and commercial practices
Insurance: Conceptualization and Classification; The Marketing of Insurance; Indemnity and Insurability; Persons and Interests Protected; Risks Transferred; Rights at Variance With Insurance Policy Provisions; Claims: Processes anti Settlements; Insurance Regulation and Government Sponsorship of Insurance; Resolving Disputed Claims Involving Insurance.
Evangelical Law Firms and the Translation of Arguments: A study of the Evangelical Movement s Influence through National and International Courts
................................................................................................VII Acknowledgements......................................................................................IX Abbreviations............................................................................................XI Central Legal Terms .................................................................................XII