On these findings, which also are not challenged on appeal,
a significant aggravated damages award was clearly justified.
However, Will says
significant aggravated damages awards are still likely to be appealed by insurers.
Not exact matches
In certain cases, where there has been a
significant departure from the standards of good faith, you may be entitled to an award of
aggravated or punitive
damages.
In the 2003 - 13 data, no
significant difference was found between the frequency of
aggravated damages awards to human (29 % of cases) versus corporate plaintiffs (28 % of cases).
Although an employer is unlikely to face liability simply because a sexual harassment investigation was clumsy or a subsequent trial found that the allegation of sexual harassment was not substantiated, it may face
significant liability in the form of punitive and
aggravated damages if its investigation was inept or unfair.
[134]
Aggravated damages are not in order, but given the seriousness of the allegations and the extent of the harm suffered, a
significant award of general
damages is.
No
significant analysis is provided to explain the departure from the established range for the
aggravated damages.
The argument that where there has been a
significant award for psychological injury there should be no, or a limited, award of
aggravated damages — put forward in Goswell v Commissioner of Police for the Metropolis CA, 1998, unreported — has again been rejected.
Where the employer is not liable for sizable compensatory and
aggravated awards, as in Whiten, punitive
damages may still play a
significant role in deterrence of future conduct.
One thing is for sure, where there is egregious conduct, insurers should be aware there will be
significant aggravated and punitive
damages awarded.