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Expert Analysis

Insurance Benefits Should Be Part Of Damages Review

Law360, New York (July 11, 2016, 4:02 PM EDT) -- In the face of a significant punitive damages award, insurers often argue that the award is excessive because of the disparity between the actual harm suffered by the insured and the punitive damages awarded by the jury. In support of this argument, insurers often assert that the policy benefits recovered by the insured should not be considered as part of the harm when reviewing that disparity. In most circumstances, however, this assertion is contrary to California law....

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