Some of you may have seen this decision already, but it just reached
me via the National Post:
Branco v American Home Insurance Co,
2013 SKQB 98. The court awards $4.5 million in punitive damages ($3
million against AIG and $1.5 million against Zurich), claiming this
is in accord with the leading principles for such awards as set out
in
Whiten. In
Whiten, another case where insurers
did not treat their insured well, the award was $1 million.
A further $450,000 in aggravated damages is awarded.
I have not fully thought through the case yet, but I am struck by
how high an award this is, at least for Canada.
Stephen
--
Dr. Stephen G.A. Pitel
Associate Professor
Goodmans LLP Faculty Fellow in Legal Ethics 2012-13
Faculty of Law, Western University
(519) 661-2111 ext 88433