Patricia Monahan of Marshall Dennehey. Courtesy photo Pa. Supreme Court Evaluates Constitutional Parameters of a Jury's Punitive Damage Award
While it is well known that an insured has a clear and convincing standard of proving bad faith in order to recover such damages, it is lesser recognized that an insured does not have to prove outrageous conduct or evil motive to prove entitlement to punitive damages.
September 28, 2023 at 11:01 AM
6 minute read
Insurance Law
This past July, the Pennsylvania Supreme Court evaluated the punitive damages exposure in insurance bad faith cases in the wake of its decision in Bert v. Turk, 298 A.3d 44 (Pa. 2023). The main question the court in Bert addressed was whether the appropriate ratio of punitive to compensatory damages in a case with multiple joint tortfeasor defendants should be calculated on a per judgment basis or a per defendant basis. It also reviewed whether the Pennsylvania Superior Court had erred in considering harm averted to the plaintiff, as opposed to actual harm suffered.
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