What are the types of remedies available in an insurance litigation case?

In Florida, remedies available in an insurance litigation case depend on the nature of the dispute. Generally, money damages are the most common remedy sought in an insurance litigation case. This includes compensatory damages, which are designed to restore the plaintiff to the same financial position they would have been in had the breach of contract not occurred, as well as punitive damages, which are court awards intended to punish a defendant for bad conduct. In other cases, a plaintiff may seek an equitable remedy. These remedies are court orders directing the defendant to either do something or to not do something, such as an injunction prohibiting a defendant from engaging in a certain type of conduct. Finally, a plaintiff may seek rescission, which is the legal term for an agreement being cancelled, or reformation, which is a legal remedy that changes the terms of an agreement to better reflect the parties’ original intent. In almost all cases, insurance litigation cases will include an attorney’s fee award, which requires the losing party to pay the attorney’s fees of the prevailing party. This is important for access to legal services, since it ensures that those with limited means are still able to bring claims in court.

Related FAQs

What are the types of remedies available in an insurance litigation case?

Related FAQs

Related Blog Posts