Clifton Park, NY asked in Insurance Bad Faith for Florida

Q: Is the limitation for punitive damages of 4.5 times to max 10times limited to personal injury also apply to willful wro

Willful wrong done by corporation. Have life insurance case 2 lawyers will take. But I feel the case warrants punitive damages. 2 trial lawyers fail to return call. Case is either Florida or federal. The life insurance policy was a single premium variable guaranteed renewable. It can be considered a security.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Insurance Claims Lawyer
  • Little Neck, NY

A: Only a Florida attorney could advise as to the limitation you mention, as it could involve state-specific law. But your question remains open for four weeks. As to the other more general legal issue you raise about warranting punitive damages, that is often up to the discretion of the court in many instances nationwide. In personal injury, damages tend to be more compensatory in nature than punitive. They cover medical expenses, lost wages, pain and suffering, property damages, and related elements. In order for punitive damages to be triggered, many courts will only grant them if there is a showing of very egregious or outrageous conduct, such as deceit, malice, bad faith, etc. And that could be a fact-specific determination for a judge to make. One option is to consult with other Florida attorneys as to their take on the matter. Good luck

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