Sentences with phrase «basis for claiming punitive»

Not exact matches

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A claim for an increased punitive damage award based on systemic wrongdoing may strike some lawyers as dubious on the basis that a plaintiff should not be able to claim damages for the harm done to others.

The law is now clear that a former employee can base a claim for an increased punitive damage award on their employer's systemic bad faith policies or practices in the manner in which it treats its employees.

He made this decision based on the fact that the insurer had denied the benefits for six years in order to delay payment to take advantage of the insured's economic vulnerability.5 Moreover, the claims advisor for the defendant took an adversarial approach and did not deal with the claim fairly and in a balanced way.6 As such, the insurer was deemed to have acted in bad faith and the plaintiff was awarded $ 200,000 in punitive damages.

Since joining FLR, Andrea has worked on numerous pleadings and memoranda involving motions to dismiss, to compel discovery, and for summary judgment on issues such as contracts (including personal services contracts), a wide variety of tort - based claims, punitive damages, privilege and sovereign immunity, insurance coverage, family law, Florida Deceptive and Unfair Trade Practices Act, Health Care Quality Improvement Act immunity and peer review, and estates and trusts.

Rather than risking punitive damages, most insurance carriers will attempt to settle a disputed claim — but only if the insured's legal counsel can substantiate its position with a well - articulated basis for bad faith.

Successfully represented Plaintiff in fire loss claim against insurer where jury awarded $ 175,000.00 in punitive damages for bad faith conduct of insurer in denying claim based on an alleged misrepresentation in in the application process (Haji - Fazul v. Lloyd's Underwriters)

In refusing to grant summary judgment fixing the applicable notice period and dismissing the plaintiff employee's claims for moral and punitive damages in a termination without cause case, the Honourable Justice Margaret Eberhard in the case of Brownson v. Honda of Canada Mfg., 2013 ONSC 896, leave to appeal refused 2013 ONSC 6974, held that the answer may be that no, the employer can not terminate the employee's employment on a without cause basis with impunity.

Lead trial counsel defending a New York - based REIT against a real estate fraud claim for $ 7.5 million plus a punitive damage claim.

Attorneys for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor liability; federal preemption of common law claims; monitoring product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers; product misuse and alteration; the elements of proof needed in an action; recovery for economic loss; punitive damages; and the government contractor defense.

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