What are the types of remedies available in an insurance litigation case?
In California, there are several remedies available in an insurance litigation case. These remedies are designed to compensate a victim for their losses from an insurance dispute. One type of remedy available is compensatory damages. Compensatory damages are designed to make the victim “whole” by providing them with financial compensation for their losses. When compensatory damages are ordered, the insurer must reimburse the victim for any proven losses caused by the disputed issue. Another type of remedy is punitive damages. Unlike compensatory damages, this type of remedy is designed to punish insurers who are found to have acted in bad faith when handling an insurance claim. Depending on the severity of the insurer’s bad faith, the victim may be awarded a large sum of money that is intended to deter the insurer from acting in such a way in the future. The third type of remedy is equitable relief. This type of relief is used when money damages cannot make the victim “whole.” For example, in an insurance dispute, an equitable remedy might require the insurer to change its policies or practices to prevent similar problems in the future. In California, these are the three primary remedies available in an insurance litigation case. Depending on the facts of the dispute, a victim may be eligible to receive either one or all of these types of remedies. In any case, it is important to speak with a qualified insurance litigation attorney who can help you understand your rights and determine the best course of action.
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