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Insurance companies are often unwilling to cover punitive damage awards or related defense costs. In some instances, the insurers contend that punitive damages are not within the scope of coverage provided by the policies. In other cases, the insurers argue that it violates public policy to allow an insured to recover amounts paid as punitive damages.
We have substantial experience in assisting policyholders with the special coverage issues presented by punitive damage-related liabilities. We offer comprehensive legal assistance in counseling, negotiation and litigation in this area. We have achieved significant successes in securing coverage for such liabilities.
Representative Matters
- Representation of a major corporation on coverage issues in connection with a substantial punitive damage judgment arising from a personal injury action.
- Representation of a major corporation in multi-forum litigation over coverage for a significant punitive damages verdict arising from environmental claims.
- Representation of a utility company in obtaining coverage for a punitive damages award in a wrongful death action.
- Representation of several clients in negotiations of the terms of the clients’ D&O insurance policies, where we obtained favorable policy language concerning coverage for punitive damages.
- Advised a major corporation with respect to the purchase of offshore punitive-only insurance products.
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