. ‘In most cases, evidence of earnings or profit alone are not sufficient “without examining the, liabilities side of the balance sheet.” [Citations. (D) Any amount that is a surplus deposit of a subscriber as defined in Section 1374.1 . ‘[T]o consider, the defendant’s entire course of conduct in setting or reviewing a punitive, damages award, even in an individual plaintiff’s lawsuit, is not to punish the, defendant for its conduct toward others. Ignorance is bliss. In 1941, the California Supreme Court, in Donnelly v. Southern Pacific Co., explained that a defendant who performs an act “intentionally with the knowledge that it will probably cause harm” can be required to pay damages above and beyond those available in traditional negligence cases. (a).) The fact that an employee has a supervisory position with the, power to terminate employees under his or her control does not, by itself, render, the employee a managing agent. Punitive Damages — damages in excess of those required to compensate the plaintiff for the wrong done, which are imposed in order to punish the defendant because of the particularly wanton or willful nature of his or her wrongdoing. Haning et al., California Practice Guide: Personal Injury, Ch. Gov. It also says these damages will be awarded for the sake of example or as a way of punishing the defendant. (C) Any amount awarded as punitive or exemplary damages, and any damages in excess of the liability limits of the policies or contracts that represent damages for contractual bad faith. [That one or more officers, directors, or managing agents of, oppression, or fraud and adopted or approved that conduct after, “Malice” means that a defendant acted with intent to cause injury or, that a defendant’s conduct was despicable and was done with a willful, and knowing disregard of the rights or safety of another. malice, oppression, or fraud. that an employee’s hierarchy in a corporation, is not necessarily determinative of his or her status as a managing agent of a. corporation, evidence showing an employee’s hierarchy and job duties, responsibilities, and authority may be sufficient, absent conclusive proof to the, contrary, to support a reasonable inference by a trier of fact that the employee is, Cal.App.4th 358, 370 [162 Cal.Rptr.3d 805]. An enhanced punishment for recidivism, does not directly punish the earlier offense; it is, rather, “ ‘ “a stiffened penalty, for the last crime, which is considered to be an aggravated offense because a, repetitive one.” ’ ” . “A jury must be instructed . Punitive Damages Held Insurable The majority rule appears to be that unless expressly prohibited by the terms of the insurance contract itself, or by statute, an award of punitive damages is insurable. Usually, punitive damages are awarded only if there has been proof of intentional bad acts, and most insurance policies also exclude coverage for damages caused by intentional acts of the insured. The likelihood of future punitive damage awards may, also be considered, although it is entitled to considerably less weight.” (, 525], internal citations omitted.) 1513, 155 L.Ed.2d, Punitive Damages - Individual Defendant - Trial Not, State Farm Mutual Automobile Insurance Co., supra, (1996) 49 Cal.App.4th 1645, 1661 [57 Cal.Rptr.2d, Barton v. Alexander Hamilton Life Ins. Situations Where Punitive Damages Can Be Awarded. [California Code of Civil Procedure 3294(d)], The personal representatives of a deceased accident victim’s estate may also be entitled to recover punitive damages by filing a survivorship claim. attorney to obtain the benefits due under a policy, it follows that the insurer. 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