Supreme Court Tackles Key Insurance Issues.

National Underwriter Property & Casualty-Risk & Benefits Management, October, 2000 by BROSTOFF, STEVEN

Five cases now pending before the U.S. Supreme Court could have a significant impact on insurers and employers. The cases, which will be decided during the court's 2000-2001 term, involve punitive damages, preemption of state laws by the Employee Retirement Income Security Act, enforcement of arbitration clauses in contracts and in labor relations, and the regulatory authority of the U.S.

Environmental Protection Agency. Looking first at the punitive damages case, the high court will again address the issue of what precise standards lower courts must apply to punitive damage awards, The case--Cooper Industries v. Leatherman Tool Group--involves a $4.5 million punitive damage award placed on top of a $50,000 compensatory damage award. The trial court...

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