Is an insurer obligated to indemnify an insured for punitive damages?

California, United States of America


The following excerpt is from Ford Motor Co. v. Home Ins. Co., 116 Cal.App.3d 374, 172 Cal.Rptr. 59 (Cal. App. 1981):

4 Appellant's arguments regarding the type of conduct for which punitive damages may be assessed, such as the discussion of Dawes v. Superior Court (1980) 111 Cal.App.3d 82, 168 Cal.Rptr. 319, do not address the sole issue raised on appeal: whether an insurer is obligated to indemnify an insured for punitive damages, absent a finding of intentional harm. Appellant's contentions in the instant appeal assume that punitive damages have been properly assessed and question only their insurability.

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