Insuring punitive damages: many courts allow insurance coverage if punitives can be awarded for reckless conduct
Article Abstract:
Some states forbid insurance against punitive damages but many states permit such damages even for behavior that is not willful and malicious. It has been argued that public policy in general should not therefore bar such insurance, except where state law strongly restricts when punitive damages may be awarded. In those cases where punitive damages are limited to intentional, malicious acts, the public interest would be violated by letting insureds shift the burden of their actions to other insureds. Insurance forms have never adopted a general exclusion against all punitive damages.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Split arises on 'injury' definition; do CGL policies cover emotional distress?
Article Abstract:
More insureds claim that the term 'bodily injury' in liability insurance policies includes the infliction of emotional distress. Courts have traditionally considered mental and physical injury to be different, whether or not mental distress was considered an additional cause of action. The New York Court of Appeals held that bodily injury includes mental distress in Lavanant v. General Accident Insurance Co, while a California appellate court ruled in Chatton v. National Union Fire Insurance that this term excludes mental harm.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Advertising injury coverage is limited
Article Abstract:
The California Supreme Court has reversed an appellate court decision holding that a comprehensive general liability insurance policy's advertising injury endorsement covered unfair business practice claims against an insured bank. The court found, in Bank of the West v Superior Court, that a causal connection between the alleged injury and the insured's advertising would have to be present for the advertising injury endorsement to apply.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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