• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

Brain Injury with Tammy Kirkwood

Canada: Punitive Damages, and Insurer Conduct – The Court of Appeal Upholds a $200,000.00 Award

In Fernandes v. Penncorp Life Insurance Company, [2014 ONCA 615], the Court of Appeal upheld the Trial Judge’s decision awarding $200,000.00 in punitive damages. The Court of Appeal did, however, reduce the damages for mental distress from $100,000.00 to $25,000.00. On appeal, the Defendant Insurer argued that there was no reasonable basis for an award of punitive damages and that the damages for mental distress were excessive.
Fernandes v. Penncorp Life Insurance Company, 2014 ONCA 615 (CanLII), http://canlii.ca/t/g8svh

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