Keyword Analysis & Research: punitive and exemplary damages auto insurance


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Frequently Asked Questions

Does insurance cover punitive or exemplary damage?

The purpose of punitive or exemplary damage awards is to punish the defendant for outrageous misconduct and by "making an example" out of the tortfeasor to discourage other people from committing torts. Thus, courts in many states have ruled that insurance coverage for a punitive damage award would only defeat the punitive damage award purpose.

What are punitive damages in car insurance?

Punitive Damage Exclusions in Motorists Insurance Some automobile insurance policies have clauses that specifically exclude the payment of punitive or exemplary damages against an insured. Punitive or exemplary damages do not pay for bodily injuries or property damage. They are awarded over and above payment for those items.

What does punitive damages exclusion mean?

The insurance policy would exclude the amount awarded for punitive damages but cover the amounts awarded for other damages. Punitive damages exclusions tend to be common in many umbrella and excess insurance coverage policies including auto uninsured/underinsured motorist policies.

What are punitive damages in a California personal injury claim?

[ California Code of Civil Procedure 3294 (d)] The personal representatives of a deceased accident victim’s estate may also be entitled to recover punitive damages by filing a survivorship claim. Punitive damages may be awarded in these cases if the victim had survived and would have been entitled to recover punitive damages himself.


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