What Discovery Is Allowed In A Punitive Damages’ Case In Illinois?”

By: Jonathan W. Goken Johnson & Bell, Ltd. Defendants in Illinois are finding it increasingly more common for plaintiffs seeking punitive damages to dig into the defendants' financial status and net worth through discovery. Because of the personal nature of such requests, defense attorneys...

Kevan Hirsh Of Kaplin Stewart On Punitive Damages In Bad Faith Insurance Disputes

Kevan F. Hirsch has developed expertise in defending bad faith claims against carriers, and regularly represents two insurance groups in actions brought directly against the companies in this region. He has represented insurers and insured in complex commercial lines coverage actions and financial disputes...

The Failure of Punitive Damages

By Barry Zalma, Attorney and Consultant The Reasons for Punitive Damages Civil juries have a difficult enough time establishing appropriate numbers to indemnify a plaintiff so that he or she is back the way he or she was before the incident. To ask them to set an appropriate civil punishment...

Insurer Avoids Liability for Agent’s Fraud

By Barry Zalma, Attorney and Consultant Contract between Agent and Insurer The relationship between insurance agents and brokers with insurers is based upon the contract between the insurer and the agent or broker. When the agent or broker breaches the contract with an insurer by defrauding an...

Dentons on What Does Kentucky Require To Find Failure to Pay in Good Faith?

Kentucky requires insurers to pay amounts clearly due. Under Wittmer v. Jones [ enhanced version available to lexis.com subscribers ], to create a jury question, “there must be sufficient evidence of intentional misconduct or reckless disregard of the rights of an insured or a claimant to warrant...

Ten Most Significant Insurance Coverage Decisions Of 2013 – Illinois Supreme Court: Statutory Liquidated Damages Are Not Penal And Not Uninsurable Under Public Policy

Standard Mutual Insurance Company v. Lay, No. 114617, 989 N.E.2d 591 (Ill. May 23, 2013) [ enhanced version available to lexis.com subscribers ], is a Telephone Consumer Protection Act coverage case. TCPA is a do-do bird issue, or getting close to it, on account of the frequent lack of insurance dollars...

Punitive Damages: Insurable In 38 States – The Sometimes Oversimplified Issue

It is a question that is uttered by claims professionals and coverage counsel on a regular basis: Are punitive damages insurable in such and such state? In essence, what the questioner is often asking is whether the particular state’s public policy permits a tortfeasor to insure against punitive...