Merrick vs. The Paul Revere Life Insurance Company, et al
Year 2008
Court U.S. Court of Appeals, 9th Circuit
Case Number 08-17742
Issue
  • Punitive damage award that only slap an insurer on the wrist will fail to deter reprehensible behavior.
State
  • Nevada

In situations where insurers ignore the law and abandon the principles of good faith and fair dealing in a persistent manner, meaningful punitive damage awards are justified to temper the behavior of a member of this quasi-public industry. A punitive damage award must be sufficient in size to deter an insurer from committing similar reprehensible acts to the plaintiff and to society through a course of dealing that damages others in the same way. Wealth of the defendant remains an appropriate consideration when reviewing a punitive damages award.

Related Docs
Author UP's brief was written pro bono by Kirk A. Pasich, Stephen N. Goldberg and Idan Ivri of Dickstein Shapiro, LLP.
Related Cases
Merrick vs. The Paul Revere Life Insurance Company, et al
Year: 2008
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 08-17742
Issue:
  • Punitive damage award that only slap an insurer on the wrist will fail to deter reprehensible behavior.
State:
  • Nevada

In situations where insurers ignore the law and abandon the principles of good faith and fair dealing in a persistent manner, meaningful punitive damage awards are justified to temper the behavior of a member of this quasi-public industry. A punitive damage award must be sufficient…