News & Analysis as of

Compensatory Damages Insurance Litigation

Rodemer Kane Attorneys at Law

Can I Sue My Insurance Company for Emotional Distress After a Car Accident?

Yes, following a car accident, you have the right to sue for various losses, like medical expenses, missed work earnings, the pain you've endured, and emotional distress. Emotional distress falls under the category of...more

Jaburg Wilk

Arizona Insureds are Legally Entitled to Recover Reasonable Rather Than Incurred Medical Expenses

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Is an insured legally entitled to recover the incurred amount of medical expenses or a reasonable amount of medical expenses? This issue often arises in first-party bad faith cases arising from uninsured motorist (“UM”) and...more

Butler Weihmuller Katz Craig LLP

Dial v. Calusa Palms Master Association, Inc. - Florida Supreme Court Confirms Only Amounts Actually Paid By Medicare Are...

On April 28, 2022, the Florida Supreme Court issued its decision in Dial v. Calusa Palms Master Association, Inc., which addressed the question: DOES THE HOLDING IN JOERG V. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., 176...more

Epstein Becker & Green

Another Setback for UnitedHealthcare Insurance Company in Nevada Trial Just Days after $60 Million Punitive Verdict

On January 12, 2022, the closely watched Nevada lawsuit filed by emergency medicine providers against one of the largest health insurance companies in the world—UnitedHealthcare Insurance Company—was again the focus of...more

Jaburg Wilk

Arizona Jury Awards Over $6 Million Against Insurer in Bad Faith Case

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The Award - In McClure v. CC Services Inc. & Country Life Insurance Company dba Country Life Financial, an Arizona insurance bad faith case arising from a disability claim, a jury awarded $1.29 million in compensatory...more

Jaburg Wilk

Arizona District Court Denies Motion to Remand in Bad Faith Case, Despite Plaintiff Seeking Only $57,000 in Compensatory Damages

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The Holding - In Hoarau v. Safeco Ins. Co. of America, 2017 WL 3328078 (D.Ariz. August 4, 2017), the Arizona District Court denied an insured's Motion to Remand in an insurance bad faith, punitive damages, and declaratory...more

Haight Brown & Bonesteel LLP

Appeals Court Explains Punitive Damages Awards For Extreme Reprehensibility Or Unusually Small, Hard-To-Detect Or Hard-To-Measure...

In Nickerson v. Stonebridge Life Ins. Co. (No. B234271A, filed 11/3/16), (“Nickerson II”) a California appeals court outlined the requirements for complying with the single-digit multiplier annunciated as a Constitutional...more

Mayer Brown

Third Circuit Holds That Under Pennsylvania Law An Insured Against Whom Punitive Damages Have Been Imposed May Not Recover Those...

Mayer Brown on

As a matter of public policy, Pennsylvania (like a number of other states) prohibits insuring against punitive damages. But what happens if an insurer refuses to settle a case against a policyholder within policy limits and...more

Jaburg Wilk

Arizona Reduces Punitive Damages in Insurance Bad Faith Case Again: Arellano v. Primerica Life Insurance

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In Arellano v. Primerica Life Insurance Company, 235 Ariz. 371, 332 P.3d 597 (App. 2014), despite finding an insurer’s conduct moderately to highly reprehensible, the Arizona Court of Appeals recently reduced a punitive...more

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