Sentences with phrase «amount of actual damages»

In any such action, the owner may recover two hundred dollars or three times the amount of the actual damages sustained by him, whichever is greater, and may also recover costs of the action and reasonable attorney fees; but monetary damages and attorney fees shall not be recoverable from a good - faith purchaser or good - faith holder of the property.
This means that the award of punitive damages can not exceed the amount of actual damages that the jury awards.
A person that is damaged by a credit services organization's violation of this chapter may: (1) bring an action to recover the greater of two (2) times the amount of actual damages or one thousand dollars ($ 1,000) and attorney's fees; and (2) bring an action against the bond or irrevocable letter of credit required under section 8 of this chapter to recover an amount equal to the person's actual damages.

Not exact matches

You can not choose how much to buy as the most that an insurance company will pay out is the actual value of your car (what it was worth on the open market before damage occurred) minus the deductible amount.
B. Any credit services business which is negligent in failing to comply with any requirement imposed under this chapter with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure.
You as an individual may also sue for actual damages plus twice the amount of any finance charges, but in any case not less than $ 100 nor more than $ 1,000.
With actual cash value, the insurance company pays you an amount equal to the replacement value of damaged property minus a depreciation allowance.
If the debtor is entitled to a refund and the creditor refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including the filing of a legal action, the debtor shall recover a penalty of five times the amount of the actual economic damages not to exceed the finance charge, but in any event not less than one hundred dollars ($ 100).
(ii) As to transactions occurring after May 20, 1996, any creditor charging a finance charge in excess of the amount authorized herein, except as specified in subdivision (2), shall forfeit to the debtor the amount of the actual economic damages not to exceed the finance charge, which may be done by reducing the amount of the debtor's obligation.
In case of an action brought by a buyer, actual damages shall not be less than the amount paid by the buyer to the credit repair services organization.
A buyer injured by a violation of this Part or by a credit repair services organization's breach of contract subject to this Part may maintain an action in a court of competent jurisdiction for recovery of actual damages plus costs of suit and reasonable attorney fees, which shall be measured by the time reasonably expended by the consumer's attorney and not by the amount of recovery.
In the event of a willful violation by a credit repair services organization of this Part or of a contract subject to this Part, a person who is injured thereby shall be awarded, in addition to the damages allowable under Subsection A of this Section, an additional amount equal to twice the actual damages awarded under Subsection A of this Section.
The amount of the liability is limited to the cost of actual damages to the customer, including arrest, prosecution or other consequential damages.
Any pet store found in violation with respect to the sale of a dog or a pet store that fails to refund the purchase price of a dog is liable to the purchaser of the dog for an amount that is equal to the actual damages incurred by the purchaser within one year after the date of the purchase of the dog, except veterinary expenses of up to $ 500.
Meant to hurt enemies that get too close to be hit by the actual bullets, these special attacks do a reduced amount of damage so that playing properly is always the best option.
This tells me that there's a decent amount of randomness in the actual damage roll, which makes reverse - engineering the damage formula much more difficult.
Common law punitive damages does require that a defendant act with «actual malice» toward a plaintiff or that he acted under circumstances that amount to «a willful and wanton disregard» of a plaintiff's rights.
Actual damages, such as medical bills or estimated future expenses as a result of the injury, are only limited by their actual or estimated amount and are not bound by any legislatively set aActual damages, such as medical bills or estimated future expenses as a result of the injury, are only limited by their actual or estimated amount and are not bound by any legislatively set aactual or estimated amount and are not bound by any legislatively set amount.
Under this statute, barratry victims can recover (1) a penalty in the amount of $ 10,000; (2) actual damages caused by the prohibited conduct; and (3) reasonable and necessary attorney fees.
In determining the amount of damages, the Court of Appeal set a maximum amount of $ 20,000.000 in damages for cases where no actual financial loss was suffered, as was the case here.
The private right of action would have allowed recipients of CEMs sent in violation of CASL to seek a court judgement for an amount equal to the actual loss or damage suffered or expenses incurred, alongside administrative penalties of up to CAN 200 (approx.
The Supreme Court of Canada recently rules on mental distress cases in the workplace in the Keays case, finding that the amount of damages should be consistent with an employees actual losses.
If victims claim punitive damages, the jury will consider factors including the degree of reprehensibility of the defendant's actions, the disparity between the punitive award and the actual harm, and the amount of sanctions usually imposed for similar actions.
In the appeal, the defense argued that if the bills have to go in, then the amounts actually paid should go in too and that the jury can then decide, based on this competing evidence, what the actual «value» of the services was for purposes of assessing damages.
Courts will be entitled to order violators to pay applicants an amount equal to the actual loss or damage suffered or expenses incurred by the applicant, plus additional statutory damages up to a maximum of:
If the applicant claims they have suffered an actual loss or damage, or have incurred expenses, as a result of the alleged contravention or reviewable conduct, the affidavit must also state the nature and amount of the loss, damage or expenses.
The insurance company and its attorneys, however, must carefully consider all the factors of the case — including the extent of the injuries and the amount of insurance coverage available — before taking any steps that could result in the actual defendant being personally responsible for payment of damages.
This definition is often used to compare it to Actual Cash Value (ACV) and to explain why you are not being paid the full amount of your damages.
You will need to choose either «Actual Cash Value» coverage, which replaces damaged or stolen goods while taking depreciation into consideration, or «Replacement Cost» coverage, which will reimburse you the amount of replacement for stolen items at the current cost.
If you are in a serious accident and are deemed to have caused it, the actual costs of medical bills, funeral expenses, lost wages, and damaged property can soar well beyond these minimal amounts of insurance.
The insurer reserves its right to repair reinstate or replace the motor vehicle or any part thereof and / or its accessories or may pay in cash the amount of the loss or damage and the liability of the Company shall not exceed the actual value of the parts damaged plus the reasonable cost of fitting and shall in no case exceed the insured's estimate of the value of the motor vehicle.
Deciding the amount for cover, and cover for different categories and kinds of damage requires that we are clear eyed about the actual worth and value of our house and its contents.
This cover ensures that this depreciation factor does not affect the claim amount and the actual amount of the parts damaged are paid without considering their depreciated value.
Actual Cash Value (ACV), also referred to as market value, is a term commonly used in the insurance industry to define the amount of money needed to replace and repay something that has been stolen, damaged beyond repair and lost that is something of similar quality.
Replacement Cost and Actual Cash Value: Replacement cost policies provides you with the dollar amount needed to replace a damaged item with one of similar kind and quality without deducting for depreciation (the decrease in value due to age, wear and tear, and other factors).
The second, and less desirable, insurance is actual cash value that will pay you an amount equal to the replacement value of the damaged property minus depreciation.
The chart below shows actual quotes from six insurers for a female California driver with a clean record and liability coverage limits of $ 100,000 per person, $ 300,000 per accident and $ 50,000 for property damage, plus uninsured motorist coverage in the same amounts.
For physical loss or damage, coverage includes the hull, fittings, machinery, furnishings and permanently attached equipment as part of either an actual cash value policy or on an agreed amount value basis.
This is in case where the damage to the car is so much that the claim amount received by the policyholder is much less than the actual value of the car.
In the home insurance industry replacement cost and actual cash value refer to the amount of money your provider will pay out if your home or its contents are damaged or destroyed.
Reimbursement value reimburses you the full amount to replace items if they are stolen or damaged; actual cash value reimburses you the amount the items are worth now after years of depreciation.
If you have actual cash damage coverage, you'll receive the amount your property is worth at the time of the car accident.
If your policy covers the actual cash value, then you will receive an amount equal to the cost of the AC at the time of damage.
In the event of an accident, say a couch that suffers water damage in a flood, the value of that couch to the insurance company, and hence the amount of money paid back to the policy holder, can be determined as an ACV (actual cash value) or as its replacement value.
The User agrees at his own expense to indemnify, defend and hold completely harmless Exide Life, its directors officers, employees and advisors to the fullest extent from all actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys fees and disbursements at actuals)(collectively «Loss») relating to or arising out of a breach by the User of the Terms of Use relating to this website or arising out of or in connection with the particulars, personal details, representations or warranties given by a User or arising from any other conduct of a User in relation to the use or access of this Website as a result of which, in whole or in part, Exide Life is made a party to, or otherwise incurs any Loss pursuant to, any action, suit, claim or proceeding arising out of or relating to any such conduct.
An actual cash reimbursement will give you the amount of how much the item, like a TV for example, would be worth at the time it was damaged.
Actual cash value covers the amount of money that your property is worth at the time it is damaged.
Actual cash value coverage will pay out a depreciated amount for damages, but replacement value coverage will repair or replace the damaged item or structure regardless of the cost to do so.
The appeals court determined that a liquidated damage clause is enforceable only if the parties agree in advance to the amount of the damages, the damages bear a relationship to the monies lost through the contract termination, and the actual damages might be uncertain and difficult to prove.
Replacement Cost and Actual Cash Value: Replacement cost policies provides you with the dollar amount needed to replace a damaged item with one of similar kind and quality without deducting for depreciation (the decrease in value due to age, wear and tear, and other factors).
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