Business Services Industry

3. Punitive damages.(Spotlight)

Business Insurance, January, 2004

Byline: Mark A. Hofmann The Supreme Court edged closer to defining exactly how much is too much in punitive damage awards when it handed down its 6-3 decision in State Farm Mutual Automobile Insurance Co. vs. Curtis B. Campbell et al. in early April. And the court moved in the direction many risk managers and employers had hoped, holding that under most circumstances, a punitive damage award of more than a single-digit multiple of the underlying compensatory damage award would violate constitutional due process guarantees.

But by year's end, it was clear that not all courts were following the high court's lead. The State Farm case stemmed from a dispute over the way the insurer had handled claims arising from a fatal 1981 car accident. A Utah jury...

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