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In: Film and Music

Submitted By Kirpal
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1. Punitive damage is usually paid in the excess of plaintiff provable injuries especially where the defendant’s conduct was egregiously insidious. Most of the time punitive damage is award on the insurance bad faith case, where the insurer’s breach of contract. i think, in this case, the defendant great benefit company, s contact was egregiously insidious. They had the policy to deny most of the case in the first year so they can save the money which came from the people who bought their insurance policy. The company had denied many cases like the Mrs Black case. The Mrs Black lost her son Donny Roy because of the insurance company unethical and illegal policy. He would be alive if he got the bone marrow transplant on time. I do not think it is an abuse of discretions especially in this case where the defendant denies the most of insurance claim due to the money saving incentive.
2. There is no maximum dollar amount of punitive damage that a defendant can be order to pay. According to my research, it is 1:1 ratio to compensate the punitive damage which is above the medium award or is a fair upper limit.
3. I do not think, the insurance premiums should spiral out of control because whatever is insurance company did in this movie that was based on profit incentive .The company make the money by unethical and illegal way. They denied most of the claimed so they do not have to pay money for their client (health insurance cost).So I think they have made enough money to pay the punitive and actual damage for this case. i think, these legitimate is merely scare tactics disseminated by the insurance companies and government lobbyists and defense attorneys who represent them because they do not concerned about the regular people. They want to protect the wealthy people or corporations like insurance companies. 4. Jury need to consider what if the defendant has displayed actual intent to cause harm or it is mere negligence case. 5. 1) All the American will able to get the health insurance and able to get treated for their disease on time. The insurance company cannot deny anyone else based on the pre exited condition and refuse to pay their health cost.
2) The health insurance premium will goes up for the young people.
To have the health insurance it much better than to do not have the insurance. It is ethically right for the American society .No one will dies untreated form the diseased.

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