Damages Claim Remains In Coverage Suit Over Faulty Breaker Installation

Mealey's ( March 10, 2023, 10:46 AM EST) -- SAN DIEGO — A federal judge in California ruled that an insured has sufficiently pleaded its claim for punitive damages in a coverage dispute over its insurer’s refusal to indemnify the insurer in an underlying property damage lawsuit stemming from the sale and installation of defective circuit breakers under California law because, at this stage of the litigation, the insured is not required to show “with ‘clear and convincing evidence’” that the insurer acted with “‘oppression, fraud, or malice.’”...