Even in cases with medical bills totaling less
than $ 3,000.00, I have been able to recover the $ 25,000.00 policy limits because of the
punitive damages
aspect of the case.
If the reasoning around the
punitive damage award was less rationalistic, it would likely be less objectionable: rather
than trying to wash the inherently subjective awarding of
punitive damages with a patina of determinism, the Court would be better off simply acknowledging that there is little, if any, substantive content to their various pronouncements on the topic and deferring to the trial award (they seem happy to do so for so many other
aspects of the law, both in this case and others, why not
punitive damages awards?).
«The proposals were clearly cobbled together in a hurry and went a lot further
than the # 30,000 headline figure, with the clauses on trusts and the retroactive
aspects for taxing gains particularly
punitive,» he adds.